Search Results for "Refund Recovery"

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High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

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Bombay High Court Allows Retired Employee's Petition Against Recovery of Excess Payment Under Time Bound Promotion Scheme. Recovery of Rs.2,58,711/- Set Aside as No Misrepresentation by Employee and Recovery Ordered Without Notice Violates Natural Justice.

The petitioner, Ajabrao Rambhau Patil, was appointed as Technical Assistant on 16.02.1982 in the office of respondent no.3. The post was later abolish...

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Bombay High Court Allows Petitions Challenging Recovery from Gratuity of Retired Class III and IV Employees. Recovery of excess payment made due to wrong pay fixation without fault of employee is impermissible after retirement.

The judgment concerns two writ petitions filed by retired Auxiliary Nurse Midwives (ANMs) employed with Zilla Parishad, Aurangabad. The petitioners, J...

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Bombay High Court Allows Writ Petition Against Recovery of Overpayment from Retired Teacher's Terminal Benefits. Overpayment due to wrong pay fixation under Sixth Pay Commission cannot be recovered after retirement, especially when no misrepresentation by employee.

The petitioner, Issak Abbas Hawaldar, was appointed as a Primary Teacher in Panchayat Samiti, Arale, in November 1976 as a Class-IV employee. He retir...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Business Centre Agreement Dispute. Termination of Agreement Due to Economic Crisis Held Valid; Refund of Security Deposit Upheld.

The appellant, M/s. Pankaj Dyes & Chemicals Ltd., entered into a Business Centre Agreement with the respondent, M/s. Taco Hendrickson Suspensions Pvt ...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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Bombay High Court Allows Recovery Suit Against Customs for Wrongful Sale of Goods Held by Court Receiver. Plaintiff entitled to refund of purchase price paid to Court Receiver for goods that could not be delivered due to prior sale by Customs.

The suit was filed by M & H Enterprises Pvt. Ltd. (Plaintiff) against the Court Receiver, High Court, Bombay (Defendant No.1) and the Commissioner of ...