Search Results for "SARFAESI Act"

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Search Results for "SARFAESI Act"

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High Court

Madras High Court Allows Revision by Bank, Rejects Plaint in Suit for Permanent Injunction After Assignment of Debt. Held that once loan liability is assigned to an Asset Reconstruction Company, the assignor Bank is not a necessary party and the plaint discloses no cause of action under Order VII Rule 11 CPC.

24 Feb 2026

The Civil Revision Petition was filed by the Defendant-Bank, City Union Bank Ltd., challenging the order dated March 19, 2020 passed by the XVIII Assi...

High Court

High Court of Judicature at Bombay Adjudicates Application for Appointment of Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996. The Dispute Involves a Loan Agreement and Seeks Resolution Through Arbitration.

22 Apr 2025

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High Court

High Court of Judicature at Bombay Dismisses Petitioner in Co-operative Election Writ Petition. No specific legal finding available as the judgment text is incomplete.

2 Apr 2025

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High Court

High Court of Karnataka Dismisses Guarantor's Writ Petition Challenging DRAT Order for Non-Compliance with Pre-Deposit Condition Under Section 18 of SARFAESI Act. Petitioner failed to deposit 50% of the debt due as mandated by Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, leading to dismissal of appeal and writ petition.

20 Feb 2025

The petitioner, Kailasam P, was a guarantor for a loan of Rs.12,84,46,406.76 as quantified on 04.04.2017. The Karnataka Bank Ltd. initiated recovery p...

High Court

High Court of Karnataka Dismisses Petition Challenging Bank's E-Auction and Withdrawal of OTS in SARFAESI Act Matter — No Writ of Mandamus to Compel Acceptance of One Time Settlement. The court held that a writ petition under Article 226 is not maintainable against a private bank in contractual matters and that the bank's discretion to accept or reject an OTS cannot be compelled by writ.

14 Dec 2022

The petitioner, M/s Rima Transformers and Conductors Pvt Ltd, a private limited company, availed a credit facility of Rs. 18 crores from Canara Bank. ...

Supreme Court

Supreme Court Allows Refund of Rs.40 Crores Deposited by Borrower in SARFAESI Act Proceedings — Deposit Made to Show Bona Fides, Not as Payment of Dues. The Court held that a deposit made pursuant to an interim order to demonstrate bona fides cannot be appropriated by the Bank when the interim order is set aside and the OTS is rejected.

20 Aug 2019

The case arises from a dispute between M/s Kut Energy Pvt. Ltd. and others (appellants/borrowers) and Punjab National Bank and others (respondents) co...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Alternative Remedy Before DRT Not Exhausted. Court Held That Writ Jurisdiction Cannot Be Invoked When Statutory Remedy Under Section 17 of SARFAESI Act, 2002 Is Available and Petitioner Has Not Approached the Debt Recovery Tribunal.

7 Sep 2018

The petitioner, M/s. Vibgyor Texotech Ltd., filed a writ petition before the Bombay High Court challenging a possession notice dated 11.5.2018 issued ...

High Court

Bombay High Court Dismisses Writ Petition as Alternative Remedy Under SARFAESI Act Available to Third Party. Third person aggrieved by measures under Sections 13(4) and 14 of SARFAESI Act can approach Debts Recovery Tribunal under Section 17.

21 Nov 2016

The petitioner, Sunil Jaidev Sharma, filed a writ petition before the Bombay High Court challenging an order dated 27 September 2016 passed by the Chi...

High Court

High Court of Karnataka Dismisses Writ Petition Against DRT Order for Lack of Locus Standi — Petitioner Not a Borrower or Guarantor Under SARFAESI Act. Third Party Claiming Title Through Decree for Specific Performance Cannot Challenge DRT Proceedings.

18 Sep 2015

The petitioner, K.L. Kumaraswamy, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 21.08....

Tribunals

NCLAT Chennai Dismisses Appeal Against CIRP Initiation for Agricultural Loan Default — Limitation Period for Section 7 Application Computed from Date of Default in Repayment Schedule, Not from Date of NPA Classification. The date of default under Section 7 of IBC is the date when the debt became due as per the repayment schedule, and the application filed within three years from the last repayment schedule is within limitation.

30 Nov -0001

The appeal was filed by Kurien Thomas, the suspended director of Koravampady Estates and Enterprises Private Limited (the Corporate Debtor), against t...

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