Search Results for "Loan Recovery"

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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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Supreme Court Allows Appeal in Insolvency Case Due to Absence of Financial Debt Against Pledgor. Petition Under Section 7 IBC Not Maintainable as No Disbursement Was Made to Corporate Debtor, and Pledge Alone Does Not Constitute Financial Debt Under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the Adjudicating Auth...

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Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds to interfere with arbitrator's decision on loan recovery under Multi-State Co-operative Societies Act, 2002.

The petitioner, M/s. Maks Glass Corporation, challenged an arbitral award dated 24th April 2010 passed under Section 84 of the Multi-State Co-operativ...

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High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...

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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...