Search Results for "mortgaged properties"

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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...
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Search Results for "mortgaged properties"

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Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

High Court

Bombay High Court Allows Appeal by State Financial Corporation Against Injunction in Loan Recovery Dispute — Status Quo Order Set Aside as Trial Court Exceeded Jurisdiction Under Section 29 of SFC Act. The High Court held that the civil court's jurisdiction is ousted when the Corporation acts under Section 29 of the State Financial Corporation Act, 1951, and the proper remedy is to approach the High Court under Article 226 or 227.

1 Feb 2005

The appellant, Maharashtra State Finance Corporation, a corporation constituted under the State Financial Corporation Act, 1951, sanctioned a term loa...

Supreme Court

Supreme Court Upholds Plaintiff in Service Inam Alienation Dispute — Sale Void but Suit Within Limitation. Prohibition on Alienation of Patel-ki-Watan Inam Land in Kolhapur State Upheld Under Wat Hukums, and Suit Not Barred as Defendant Not Entitled to Possession and No Dispossession Occurred Under Article 142 Limitation Act.

14 Oct 1969

The case involved a dispute over the validity of a sale of patel-ki-watan inam land in the former princely State of Kolhapur and whether the subsequen...

High Court

Madras High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Courts Below. The court held that the appellants, as defendants, failed to prove exclusive title or ouster of co-owners, and the plaintiffs established their half share in the suit properties.

21 Jan 2025

The case involves a partition suit filed by the plaintiffs (respondents) against the defendants (appellants and others) seeking half share in 'A' and ...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in SARFAESI Act Priority Dispute — Employees' Dues Cannot Override Bank's Claim Over Sale Proceeds of Co-operative Society's Assets. The Court held that Section 529A of the Companies Act, 1956 does not apply to co-operative societies due to Section 167 of the Maharashtra Co-operative Societies Act, 1960, and employees' dues recoverable as arrears of land revenue do not create a paramount charge over secured assets.

4 Dec 2019

The appeal arose from a dispute between the Maharashtra State Co-operative Bank Ltd. (appellant) and employees of Vainganga Sahakari Sakhar Karkhana L...

High Court

Bombay High Court Allows SICOM's Petition Against Guarantors Under Section 31(1)(aa) of SFC Act for Recovery of Loan Default. Guarantors Held Liable Under Unconditional Guarantee Deed for Repayment of Term Loan.

13 Apr 2005

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a petition un...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Upheld. Sale Deed Cancelled to Extent of Plaintiff's 1/4th Share as Purchaser Not a Bonafide Transferee Without Notice.

4 Dec 2021

The present second appeal was filed by the original defendant No.4, Vikrant s/o Vilasrao Patil (since deceased, through legal heirs), challenging the ...

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