Search Results for "Debt Recovery Appellate Tribunal"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "Debt Recovery Appellate Tribunal"

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Tribunals

NCLAT Allows Personal Guarantor's Appeal in Insolvency Case — Remands for Fresh Consideration of Section 94 Application. The Tribunal held that the Adjudicating Authority erred in dismissing the CP without considering the merits of the application under Section 94 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2025

The present appeal was filed by Syed Sirajis Salikin Khadri, the personal guarantor of Infra Dredge Services Private Limited, against an order dated 0...

High Court

Bombay High Court Dismisses Ex-Promoters' Gratuity Claims, Holds Directors in Control Not 'Employees' Under Payment of Gratuity Act. Founders who were in absolute control of company affairs cannot claim gratuity as employees despite drawing salary, as they fall outside the definition of 'employee' under Section 2(e) of the Payment of Gratuity Act, 1972.

20 Aug 2024

The petitioners, Anil Govind Ganu and Ashwini Anil Ganu, were the founders and directors of Innovative Technomics Pvt. Ltd. They claimed gratuity for ...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Strikes Down Section 87 of Arbitration Act as Unconstitutional — Automatic Stay of Arbitral Awards Revived by 2019 Amendment Held Arbitrary and Violative of Article 14. The court held that the provision reintroducing automatic stay upon filing of a Section 34 application is manifestly arbitrary and contrary to the object of the 2015 Amendment Act.

27 Nov 2019

The judgment concerns a batch of writ petitions challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act, 1996, i...

High Court

High Court of Bombay Quashes DRAT Order in SARFAESI Act Case for Exceeding Jurisdiction Under Section 18 — Bank's Possession of Secured Asset Upheld Despite Alleged Procedural Irregularities.

1 Jul 2017

The case involves a dispute between IDBI Bank Ltd (Petitioner) and Aditya Logistics (I) Pvt. Ltd. and others (Respondents) concerning the enforcement ...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Dismisses Assessee's Appeal in Income Tax Case — Upholds Disallowance of Capital Losses and Business Loss on Guarantee Transactions. Tribunal's findings on sham transactions and lack of commercial substance affirmed under Income Tax Act, 1961.

6 Mar 2012

The appellant, Killick Nixon Limited, filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tri...

High Court

Bombay High Court Upholds DRAT Order Requiring 75% Deposit Under Section 21 of RDB Act in Debt Recovery Appeal — No Waiver Granted as Petitioner Failed to Establish Prima Facie Case or Financial Hardship.

22 Dec 2011

The petitioner, M/s. Sterlite Technologies Ltd., filed a writ petition under Article 226 of the Constitution challenging an order of the Debts Recover...

High Court

Bombay High Court Dismisses Writ Petitions Against SARFAESI Proceedings by DBS Bank — Foreign Bank Not Required to Register Under Section 2(1)(c) of SARFAESI Act for Enforcement of Security Interest. The court held that a foreign bank with a branch in India is a 'bank' under Section 2(1)(c) read with the Banking Regulation Act, 1949, and can enforce security interest under Section 13 of the SARFAESI Act.

30 Nov -0001

The judgment involves two writ petitions: Writ Petition No. 1338 of 2016 filed by Narendra Plastic Private Limited and Neemit Punamiya against DBS Ban...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

30 Nov -0001

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...

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