Search Results for "Loan Recovery"

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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...
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Search Results for "Loan Recovery"

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High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Loan Recovery Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Patently Illegal or Against Public Policy. The court upheld the award based on evidence and contractual terms, rejecting the borrower's contention that the loan was already recovered through sale of repossessed vehicles.

27 Apr 2012

The petitioner, Eagle Travel Agency, a sole proprietorship through its proprietor Hardik Kotak, filed four arbitration petitions under Section 34 of t...

High Court

High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

4 Feb 2014

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Guarantor Company Due to Bona Fide Dispute and Pendency of DRT Proceedings. Court Finds That Existence of Disputes Regarding Validity of Guarantee and Pending Recovery Proceedings Before DRT Render the Petition Not Maintainable Under Companies Act, 1956.

23 Jun 2016

The petitioner, SICOM Ltd., a financial institution, filed a winding-up petition against the respondent, Entertainment World Developers Pvt. Ltd., und...

High Court

Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

9 Jan 2017

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

High Court

High Court of Karnataka Allows Appeal Against KSFC Order in Guarantor Liability Case — Limitation Period for Filing Application Under Section 31(1)(aa) of SFC Act Is Three Years from Date of Cause of Action. Guarantor's Defence of Limitation Upheld as Petition Filed Beyond Three Years from NPA Classification.

15 Apr 2025

The appellant, Smt. C. Sarasamma, was a guarantor for a loan availed by respondent No.2, M/s. Ethnic Informatics Private Ltd., from respondent No.1, K...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

High Court

Bombay High Court Dismisses Petition Challenging Interim Arbitral Award in Loan Dispute. Court upholds arbitrator's power to pass interim award under Section 31(6) of Arbitration and Conciliation Act, 1996 for admitted liability of Rs.100 crores.

23 Jun 2016

The petitioners, Deccan Chronicle Holdings Limited and Mr. T. Venkatram Reddy, filed a petition under Section 34 of the Arbitration and Conciliation A...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

High Court

Bombay High Court Dismisses Cooperative Bank's Writ Petitions Challenging Recovery Certificate and Auction Sale — Upholds Validity of Sale Certificate Issued Under Maharashtra Cooperative Societies Act, 1960. The court held that the sale certificate under Section 99 is conclusive evidence of title and the recovery certificate under Section 101 is final and binding, barring writ jurisdiction.

30 Nov -0001

The petitioner, Sangli Sahakari Bank Ltd., a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed three writ petit...

Tribunals

NCLAT Dismisses Appeal of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

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