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High Court of Karnataka Examines Validity of SARFAESI Act Auction Sale Where Title Derived from Alleged Forged Documents. Court Considers Whether Auction Purchaser is Entitled to Refund of Sale Consideration on Ground of Fraud.

The writ petition was filed by M/s Paramount Constructions Company challenging the sale certificate dated 10.10.2014 issued by the Authorised Officer ...

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High Court of Karnataka Dismisses Writ Petition Challenging Tribunal Orders in SARFAESI Proceeding. Borrowers Failed to Comply with Conditional Orders and Sale Certificate Was Already Issued to Auction Purchaser.

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India challenging two orders of the Debts Recovery Tribuna...

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Supreme Court Dismisses Bank's Appeal in SARFAESI Auction Dispute — Auction Purchaser Not in Default. Delay in Payment Attributable to Bank's Own Actions and External Factors, Not Purchaser's Fault Under Rule 9(4) of Security Interest (Enforcement) Rules, 2002.

The appellant, IDBI Bank, conducted an e-auction on 10.04.2018 for a property comprising 2 guntas of land in Telangana. The respondents were the highe...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — No Ground to Set Aside Sale After Certificate Issued and No Appeal Filed.

The petitioners, Si2 Microsystems Pvt. Ltd. and its director Sanjay Vedaprakash Soni, availed a cash credit facility of Rs. 10 crores and a term loan ...

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High Court of Karnataka Allows Canara Bank's Appeal Against Refund Order in SARFAESI Auction Dispute — Bank Not Obliged to Refund 25% Deposit When Auction Purchaser Defaults on Balance Payment.

The appellant, Canara Bank, conducted an e-auction on 29 November 2021 of a property under the Securitisation and Reconstruction of Financial Assets a...

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High Court of Karnataka Considers Rejection of Plaint in Suit for Specific Performance of Granted Land Subject to Non-Alienation Condition. Court Examines Whether Agreement to Sell Executed During Non-Alienation Period is Void Under Karnataka SC/ST Act, 1978.

The civil revision petition arose from an order of the trial court rejecting the petitioners' application to reject the plaint in a suit for specific ...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Gujarat High Court Dismisses Second Appeal in Property Title Dispute — Concurrent Findings of Fact Not Disturbed. Registered Deed Not Mandatory for Relinquishment of Right; Revenue Entries Have Evidentiary Value.

The appellant, Hansaben w/o Jivan Bariya, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent fin...