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Search Results for "asset reconstruction"

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High Court

High Court of Karnataka Upholds Arbitral Award in Commercial Appeal — No Interference Under Section 37 of Arbitration Act. Court holds that the arbitral tribunal's interpretation of contractual terms is final and not open to reappraisal in appeal unless perverse or contrary to public policy.

23 Jun 2023

The case involves two connected commercial appeals arising from an arbitral dispute between Asset Reconstruction Company (India) Ltd. (ARCIL) and Many...

High Court

High Court Quashes Deputy Commissioner's Order Staying SARFAESI Proceedings — Deputy Commissioner Cannot Review or Stay Section 14 Order Under SARFAESI Act, 2002. The Deputy Commissioner acted without jurisdiction by entertaining a borrower's representation and staying an order passed under Section 14 of the SARFAESI Act, 2002.

12 Oct 2022

The petitioner, DCB Bank Limited, had lent money to one A.C. Santhosh, who defaulted on loan repayments, causing the account to become a non-performin...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

High Court

Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

13 Dec 2019

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

Supreme Court

Supreme Court Closes Contempt Petitions Against Alchemist for Non-Payment of Rs. 4.5 Crores to Kotak Mahindra Bank, Directs Payment Subject to High Court Determination. The Court held that the order dated 07.05.2012 was binding until modified, and Alchemist's failure to pay constituted disobedience, but since the amount was deposited, no contempt action was taken.

23 Sep 2019

The Supreme Court of India disposed of contempt petitions filed by Kotak Mahindra Bank Limited (KMBL) against Alchemist Assets Reconstruction Company ...

High Court

Bombay High Court Directs District Magistrate to Dispose of SARFAESI Section 14 Application Within Statutory Time Limit — Amendment (44 of 2016) Mandates 30-Day Disposal. The court held that the District Magistrate must pass an order on an application under Section 14 of the SARFAESI Act within 30 days, extendable to 60 days, and the amendment applies to pending proceedings.

21 Nov 2016

The petitioner, Edelweiss Asset Reconstruction Company Limited, a financial institution registered under the SARFAESI Act, filed a writ petition befor...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

High Court

Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

29 Jul 2011

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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