Search Results for "secured creditor"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "secured creditor"

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High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

High Court

Bombay High Court Allows Co-operative Spinning Mill to Operate Overdraft Account Despite RBI Restrictions on Co-operative Bank — Petitioner Held to be Operational Creditor Not at Par with Ordinary Depositors. The court held that RBI's blanket restrictions under Section 35A of the Banking Regulation Act, 1949 were unreasonable as applied to an operational creditor with an excellent track record.

23 Mar 2023

The petitioner, Babasaheb Naik Kapus Utpadak Sahakari Soot Girni, a registered co-operative spinning mill, filed a writ petition challenging the restr...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).

20 Aug 2019

The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Sanctions Scheme of Amalgamation of Monarch Research and Brokerage Private Limited and Monarch Project and Finmarkets Limited with Networth Stock Broking Limited under Sections 391-394 of the Companies Act, 1956 — Objection by Gold Castle Realtor Dismissed as Not a Creditor or Member.

7 Aug 2014

The judgment concerns two Company Scheme Petitions (CSP 575/2012 and CSP 576/2012) filed by Monarch Project and Finmarkets Limited (2nd Transferor Com...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

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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