Search Results for "DRT Procedure Rules"

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

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Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Dismisses Writ Petition Challenging DRAT's Pre-Deposit Order Under SARFAESI Act. Pre-deposit of 30% of Amount Due Under Section 18(1) of SARFAESI Act is Mandatory and DRAT Has No Discretion to Waive It.

The petitioner, Shree Vindhya Paper Mills Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 4 November 2011, which requir...

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Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...