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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "securitisation company"

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High Court

High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Payment of Provident Fund Dues from Bank Sale Proceeds. Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 creates a first charge over assets of the establishment, overriding the claims of a secured creditor under the SARFAESI Act.

16 Jun 2026

The petitioner, the Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, filed a writ petition under Articles 226 and 227 o...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Rejection of Plaint Rejection Application in SARFAESI Act Suit. Court Holds That Bar Under Section 34 of SARFAESI Act Is Not Absolute and Civil Court Retains Jurisdiction to Examine Legality of Proceedings.

5 May 2026

The petitioners, Jalgaon Peoples Co-operative Bank Ltd. and its authorized officer, challenged an order dated 27.09.2016 passed by the 6th Joint Civil...

High Court

High Court of Gujarat Allows Revision Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Suit Barred by Section 34 of SARFAESI Act. The court held that the borrower's suit challenging possession notice under SARFAESI Act was not maintainable as the remedy lies exclusively before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act.

3 Mar 2026

The State Bank of India (SBI) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order dat...

High Court

High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

2 Feb 2026

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

High Court

Bombay High Court Directs Removal of Central Excise Lien on Property Sold Under SARFAESI Act, Orders Registration of Sale Certificate. The Court held that the sale under the SARFAESI Act extinguishes all prior encumbrances, including statutory liens of the Excise Department, and the Sub-Registrar cannot refuse registration of the sale certificate on the ground of such prior encumbrance.

28 Jun 2023

The Petitioner, Ronak Industries, a partnership firm, purchased an immovable property (Survey No.366/5 and 366/6, admeasuring 2400 sq.mtrs, along with...

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...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

High Court

Bombay High Court Dismisses Petition Seeking Consideration of OTS Scheme Under RBI Guidelines in SARFAESI Act Matter. Court holds that once possession of secured asset is taken under Section 13(4) of SARFAESI Act, 2002, the remedy lies before the Debts Recovery Tribunal under Section 17, not by way of writ petition.

5 Dec 2016

The petitioners, Dr. Kishor Chimasaheb Nimbalkar and Sou. Dhanshree Kishor Nimbalkar, are running a hospital. They obtained a home loan of Rs.34,00,00...

High Court

High Court Directs Magistrate to Expeditiously Dispose Section 14 SARFAESI Application for Possession of Secured Asset. Financial Institution's Right to Take Possession of Mortgaged Property Upheld; Magistrate Directed to Pass Orders Within Two Weeks.

3 Sep 2015

The petitioner, L & T Housing Finance Ltd., a financial institution registered under the National Housing Bank Act, 1987, and as a Securitization and ...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

10 Dec 2013

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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