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Search Results for "SARFAESI auction"

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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 at Dharwad Pronounces Order on Petition Filed by Canara Bank Seeking Directions Against Warehousing Authority and Warehouseman. The Petition Involves Claims Regarding Non-Cooperation in Segregation and Verification of Pledged Goods Covered by Electronic Negotiable Warehouse Receipts Issued Under the Warehousing (Development and Regulation) Act, 2007.

17 Sep 2025

This writ petition was filed by Canara Bank under Articles 226 and 227 of the Constitution, seeking directions against the Warehousing Development and...

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 Dismisses Guarantor's Challenge to Sale Certificate and DRT Order Due to Inordinate Delay. Petitioner, a guarantor, challenged the sale of secured assets under SARFAESI Act after nine years, but the court held the petition barred by laches and upheld the DRT's dismissal of the application under Section 17 of the SARFAESI Act, 2002.

22 Jan 2024

The petitioner, Sri Anil H. Lad, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

High Court

Bombay High Court Allows Writ Petition Against Bank's Illegal Dispossession of Auction Purchaser. Petitioner Purchased Flat in 2017 Auction by SBI, but Was Forcibly Evicted by Saraswat Bank in 2025 Without Due Process.

30 Jun 2026

The petitioners, Mariyam Rangwala and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court at Bo...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

High Court of Karnataka Allows Writ Petition Against Bank Forfeiture — Directs Refund of Rs.24.10 Lakhs Deposit with Interest. Forfeiture of deposit without contractual authority in auction sale is arbitrary and unjust, warranting refund with interest at 6% per annum.

20 Apr 2022

The petitioner, P Balaji Babu, participated in an auction conducted by the State Bank of India (respondent No.1) for the sale of immovable property ow...

High Court

High Court of Karnataka Dismisses Guarantor's Writ Petition Challenging DRAT Order for Non-Compliance with Pre-Deposit Condition Under Section 18 of SARFAESI Act. Petitioner failed to deposit 50% of the debt due as mandated by Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, leading to dismissal of appeal and writ petition.

20 Feb 2025

The petitioner, Kailasam P, was a guarantor for a loan of Rs.12,84,46,406.76 as quantified on 04.04.2017. The Karnataka Bank Ltd. initiated recovery p...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Petitioner Lacks Locus Standi as Borrower's Leasehold Interest Not Affected. The court held that the petitioner, claiming to be the owner of the property leased to the borrower, had no locus standi to challenge the DRT order under Section 17 of the SARFAESI Act, 2002, as the lease was created after the mortgage and the petitioner was not a party to the proceedings.

28 Jan 2019

The petitioner, Sri Rameshchandra, claiming to be the owner of a property, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Deemed Dealer under MVAT Act and Prospective Effect of Tax Liability. High Court of Bombay Decides on Tax Liability of Government-Constituted Trust under Maharashtra Value Added Tax Act, 2002

3 Mar 2025

On the Issue of Deemed Dealer: The Court held that SASF was a “deemed dealer” under Section 2(8) of the MVAT Act. The Court found that SASF fel...

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