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High Court of Karnataka Quashes Criminal Proceedings in Auction Dispute — No Criminal Offence Made Out in Absence of Fraud or Dishonest Intention. Sale Certificate Issued by Corporation Under Section 29 of SFC Act Confers Title; Subsequent Criminal Complaint for Cheating and Trespass Not Maintainable.

The petitioner, Sri Nagaraj Rao C.H., filed a criminal petition under Section 482 CrPC seeking quashing of the order dated 30.07.2016 passed by the I ...

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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...

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Supreme Court Upholds Written Contract in Municipal Theka Dispute Under U.P. Municipalities Act, 1916. Signed List of Bidders and Board Resolution Deemed Sufficient Written Agreement Under Section 97 of the Act.

The litigation arose from an auction conducted on April 8, 1950, by the Municipal Board, Saharanpur, for granting the theka (contract) to collect Tahb...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

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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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Karnataka High Court Division Bench Hears Appeals Against Single Judge Order Quashing SARFAESI Auction Sale. Single Judge Had Canceled Sale Deed of Agricultural Land for Non-Compliance with Statutory Notice Requirements and Prohibition on Selling Agricultural Land under SARFAESI Act, 2002.

The dispute arose from a writ petition filed by a borrower challenging the auction sale of his property under the Securitisation and Reconstruction of...