Search Results for "mortgagor"

175 result(s) found

Scroll Down To Discover

Found 175 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in Recovery Suit — Holds That High Court Erred in Dismissing Suit on Grounds Not Raised in Pleadings and Without Considering Documentary Evidence. The Court restored the decree for recovery of Rs.96,41,765.31 with interest at 15% per annum from the date of suit till payment.

The appellant, M/s Star Paper Mills Limited, filed a suit for recovery of Rs.96,41,765.31 against the respondents, M/s Beharilal Madanlal Jaipuria Ltd...

© Image Copyrights Juris Services & Technology

Supreme Court Sets Aside High Court Order Waiving Predeposit for Appeal Under SARFAESI Act. Mandatory Deposit Under Section 18 Cannot Be Waived Even by High Court Under Article 226.

The Supreme Court considered appeals against the Bombay High Court's order dated 25.11.2019 and 16.12.2019, which had relegated the appellant (Union B...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Impleadment and Amendment in Mortgage Redemption Suit to Avoid Multiplicity of Litigation. Person in Actual Possession Held Necessary Party Under Order I Rule 10 CPC Despite Belated Application.

The appellant, Kamlesh Gupta, mortgaged a shop to Mangat Rai (first respondent) for Rs. 7 lakhs in 2009. She later filed a suit for possession by rede...

© Image Copyrights Juris Services & Technology

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Appeal in Land Title Dispute — Concurrent Findings Upheld. Patta Validity Requires Proof of Abandonment or Revocation of Earlier Patta Under Madhya Pradesh Land Revenue Code.

The Supreme Court dismissed an appeal arising from a land title dispute in Madhya Pradesh. The respondents-plaintiffs (Shiv Nath and deceased Vishwana...