Search Results for "DRAT order"

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Search Results for "DRAT order"

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Supreme Court

Supreme Court Dismisses Miscellaneous Application Seeking Clarification on Interest Rate in Auction Sale Refund Dispute. The court held that no clarification was needed as the Debt Recovery Appellate Tribunal's 2014 order, which specified refund with accrued interest after deducting mesne profits, was clear and had attained finality.

24 Apr 2023

The background involved a miscellaneous application filed before the Supreme Court seeking clarification of its earlier order dated 12.05.2022 in Spec...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

10 Apr 2023

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Matter — No Interference with Possession Notice as Debtor Failed to Discharge Liability. Court Held That Writ Jurisdiction Under Article 226 Cannot Be Used to Circumvent Statutory Remedy Under Section 17 of SARFAESI Act, 2002.

3 Feb 2025

The petitioners, Sri S.V. Ramaswamy, Mrs. Usha Ramaswamy, and R.K. Associates (a partnership firm), filed a writ petition under Article 226 of the Con...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT and DRAT Orders in SARFAESI Act Matter — Delay in Filing Appeal Under Section 17 Not Condoned Due to Lack of Sufficient Cause. The court upheld the concurrent findings of the DRT and DRAT that the petitioner failed to show sufficient cause for condonation of delay in filing the appeal under Section 17 of the SARFAESI Act, 2002.

29 Jun 2015

The petitioner, Naresh Suresh Pawar, was a joint owner of an immovable property along with Jaiprakash Pahelwan and Nirmala Pahelwan. In the year 2000,...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Securitisation Application Matter. Maintainability of Appeal Under Section 18 of SARFAESI Act Against Interim Orders of Debts Recovery Tribunal Upheld.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

High Court of Bombay Upholds Recall of Annulment Order in Insolvency Case Due to Concealment of Creditor. Appellant Insolvent Failed to Disclose Kotak Mahindra Bank as Creditor with DRT Recovery Certificate, Leading to Recall of Annulment Under Section 22(1) of Presidency Towns Insolvency Act, 1909.

31 Mar 2021

The case involves an appeal filed by Akshay D. Thakkar (the Appellant/Insolvent) against an order dated 18th September, 2018 passed by a learned Singl...

High Court

Bombay High Court Quashes Sales Tax Attachment on Property Purchased in SARFAESI Auction — Priority of Secured Creditor Over Crown Debt. Attachment order set aside as property was sold by secured creditor under SARFAESI Act before attachment, and sales tax dues do not have priority over secured creditor's rights under Section 26E of SARFAESI Act.

16 Oct 2015

The petitioners, Sherwood Resorts Pvt. Ltd. and its shareholder, challenged an attachment order dated 29th April 2013 passed by the Sales Tax Officer ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

20 Dec 2024

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

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