Search Results for "SARFAESI Act"

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Search Results for "SARFAESI Act"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

20 Dec 2024

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor — Petitioner Failed to Avail Alternative Remedy Under Section 17 Before Debt Recovery Tribunal. The court held that a writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 17 of the SARFAESI Act is available, and directed the petitioner to approach the DRT.

30 Apr 2024

The petitioner, Bhushan Ramesh Bramgankar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

Supreme Court

Supreme Court Allows State Appeals in Property Mutation and Sales Tax Recovery Case — High Court's Direction to Delete Adverse Entries and Mutate Property Set Aside. The Court held that the High Court exceeded its writ jurisdiction by directing mutation without considering the State's statutory charge under the Himachal Pradesh Value Added Tax Act, 2005.

28 Apr 2023

The Supreme Court heard two sets of civil appeals filed by the State of Himachal Pradesh and its officers against a judgment of the Himachal Pradesh H...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Case, Restoring Interim Order for Sale of Mortgaged Property. The Court held that the interim order directing steps for sale without final orders was warranted to protect the secured creditor's rights under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as the respondent had defaulted on credit facilities.

18 Apr 2023

The appeal arose from a dispute between Punjab & Sind Bank (appellant) and M/s Frontline Corporation Ltd. (respondent) concerning the sale of mortgage...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Sale Notice, Directs Petitioners to Approach DRT for Interim Relief. Petitioners failed to demonstrate any illegality in the sale notice under Section 32 of the SARFAESI Act, 2002, and the remedy under Section 17 of the Act is available and efficacious.

30 Jul 2021

The petitioners, Smt. Aruna DTS Moorthy and M/s AMGC Logistic Pvt. Ltd., filed a writ petition before the Bombay High Court, Nagpur Bench, challenging...

High Court

High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

High Court

High Court of Bombay Allows Secured Creditor's Appeal Against Direction to Deposit Title Deeds in Insolvency — Official Assignee Cannot Demand Title Deeds Without Adjudication of Mortgage Validity Under Presidency Towns Insolvency Act, 1909.

25 Feb 2019

The appeal was filed by Punjab National Bank (the appellant) against an order of a learned Single Judge of the Bombay High Court in Official Assignee'...

High Court

Bombay High Court Reserved Judgment on Challenge to Section 84 of Multi-State Co-operative Societies Act, 2002 and Arbitrator's Appointment. Petitioner Challenged Appointment of Single Arbitrator for All Bank Disputes as Violative of Article 14 of the Constitution and Sought Setting Aside of Arbitral Award.

13 Oct 2017

M/s J. Square Steels Pvt. Ltd. (principal borrower) availed credit facilities from Abhyudaya Co-operative Bank Ltd. in 2005 and defaulted, leading to ...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders in Debt Recovery Proceedings — Maintainability of Writ Petitions Under Article 227 Against Interlocutory Orders of DRT Discussed. The court held that writ petitions under Article 227 are not maintainable against interlocutory orders of DRT when an alternative remedy of appeal under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 is available.

4 Feb 2014

The case involves a batch of writ petitions filed by United Breweries (Holdings) Limited and others against various banks including State Bank of Indi...

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