Search Results for "attachment before auction"

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Search Results for "attachment before auction"

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High Court

High Court of Bombay Upholds Objection under Section 164 of Maharashtra Co-operative Societies Act, 1960, and Returns Plaint for Non-Compliance in Suit Against Cooperative Bank. Suit challenging attachment and sale of property by a cooperative bank in recovery proceedings held to touch the business of the society thus requiring mandatory notice; failure to comply leads to plaint return.

17 Jul 2012

The proceedings arose from a suit instituted by the respondent-plaintiff, an 80-year-old pardanashin lady, claiming that her land was illegally attach...

High Court

Bombay High Court Dismisses Petition Challenging Attachment Order Under Maharashtra Cooperative Societies Act — Creditor Can Execute Recovery Certificate Against Any Available Property Despite Prior SARFAESI Proceedings. The court held that there is no legal bar to a creditor simultaneously proceeding under the SARFAESI Act and executing a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 against other properties of the debtor.

25 Mar 2019

The petitioners, M/s Anjali Tours & Travels and Others, filed a writ petition before the Bombay High Court challenging an attachment order issued by t...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

24 May 2023

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

High Court

Bombay High Court Allows Appeal Against Dismissal of Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favour of Plaintiff-Builder Under Memorandum of Understanding. The court held that the Memorandum of Understanding dated 21.5.2011 constituted a binding agreement for sale and the plaintiff had made out a prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC.

5 May 2017

The appellant, M/s. Merces Builders Private Limited, filed an appeal against an order dated 16.4.2016 passed by the learned Senior Civil Judge, Panaji...

High Court

Bombay High Court Dismisses Petition Seeking Release of Sealed Factory Premises in Customs Duty Dispute — Petitioner Failed to Comply with Supreme Court's Conditional Order. Interest Demand Under Section 28AA of Customs Act, 1962 is Statutory and Automatic, No Separate Demand Required.

14 Nov 2024

The petitioner, B.V. Jewels, a partnership firm engaged in manufacturing and exporting gold and jewellery, operates an export processing unit in SEEPZ...

High Court

Special Court at Bombay Allows Recovery Suit Against Notified Person Under Special Court Act, 1992 — Custodian's Claim for Notified Property Rejected Due to Lack of Evidence of Tainted Transaction. The court held that the suit for recovery of Rs. 6 Crores is maintainable and the Custodian failed to prove that the property is notified property under Section 3 of the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992.

31 Jan 2019

The plaintiffs, Smt. Jyoti H. Mehta, Shri Ashwin S. Mehta, and M/s. ZEST Holdings Pvt. Ltd., filed Special Court Suit No. 1 of 2017 before the Special...

High Court

Bombay High Court Allows MPID Act Appeal for Return of Seized Property to Accused Pending Trial — Property Not Proceeds of Crime Under MPID Act. Court holds that Section 3 of MPID Act does not authorize continued retention of property not linked to deposits, and directs release of vehicle and cash to appellant subject to conditions.

30 Nov 2017

The Bombay High Court allowed Criminal Appeal No. 813 of 2016 filed by Suresh Raju Shetty, challenging an order of the Designated Court under the Maha...

High Court

Bombay High Court Disposes of Section 9 Petition in Housing Society-Developer Arbitration Amidst Numerous Interim Applications. Interim Measures Including Attachment of Assets and Deposit of Over Rs. 11 Crores Ordered Earlier Under Section 9 of Arbitration Act.

29 Apr 2026

The case involved a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, along with thirty-one interim...

High Court

Bombay High Court Dismisses Borrower's Challenge to Sale Certificate and Award in Cooperative Bank Loan Recovery — Upholds Validity of Sale to Third Party Purchaser. The Court held that the sale certificate issued under the Maharashtra Cooperative Societies Act, 1960 cannot be challenged after a long delay and that the purchaser's title is protected.

8 Nov 2017

The petitioner, Mahesh Navelkar (since deceased, represented by legal heirs), was a borrower who took a loan of ₹9,500,000 from the Goa State Co-ope...

High Court

Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

17 Oct 2025

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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