Search Results for "mortgagor"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "mortgagor"

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High Court

High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

4 Sep 2025

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

13 Oct 2022

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

High Court

Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

18 Aug 2022

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Sets Aside Arbitral Award for Patent Illegality and Perversity in Awarding Damages for Breach of Agreement for Sale of Land. The court found that the arbitral tribunal failed to consider mitigation of damages and made a perverse computation of damages based on an incorrect price per acre.

8 Jul 2022

The case involves a commercial appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Jagannath Parmeshwar Mills Private Limi...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Section 7 and Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt.

18 Dec 2020

The appellant, Satish Ganpatrao Suryavanshi, was convicted by the Special Judge, Ichalkaranji, for offences under Section 7 and Section 13(1)(d) read ...

High Court

Bombay High Court Allows Transfer of MIDC Plot to Auction Purchaser in Winding Up Proceedings — Official Liquidator's Sale Confirmed Despite MIDC's Objection. Court holds that MIDC cannot refuse transfer of property sold by Official Liquidator in company winding up, as the sale is conducted under court supervision and the purchaser steps into the shoes of the company.

21 Aug 2020

The applicant, M/s. Metal Tubes and Rolling Mills, filed a Company Application seeking directions against the Regional Officer, MIDC (Respondent No.2)...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882.

6 Jan 2020

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to ...

High Court

Bombay High Court Allows Second Appeal in Landlord-Tenant Dispute Over Open Plot — Tenant's Denial of Title and Non-Payment of Rent Justify Eviction. Tenant estopped from denying landlord's title under Section 116 of Indian Evidence Act, 1872, and notice to quit under Section 106 of Transfer of Property Act, 1882 held valid.

21 Jul 2010

The plaintiff, Shri Swami Narayan Mandir, Amravati, through its Wahiwatdar, filed Regular Civil Suit No. 758 of 1988 for recovery of possession of an ...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

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