Search Results for "Debt Recovery Appellate Tribunal"

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Search Results for "Debt Recovery Appellate Tribunal"

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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

High Court

Bombay High Court Dismisses Writ Petition Against DRT Order Rejecting Stay of Possession Under Securitisation Act — Section 31(j) Not Applicable to IFCI as It Is Not a Financial Institution Under State Financial Corporations Act.

29 Apr 2026

The petitioners, M/s. Citron Infraprojects Limited and its director, filed a writ petition before the Bombay High Court challenging an order of the De...

Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

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 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 Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

20 Jan 2011

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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 DRT Order Allowing Recall of Witness for Cross-Examination. Debt Recovery Tribunal Has Inherent Power to Recall Witness Under Section 22 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for Effective Adjudication.

30 Nov -0001

The petitioners, Deepak Kochhar and Rajeev Kochhar, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court ...

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