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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

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High Court of Karnataka Reserves Orders on Company's Petition to Quash Criminal Case for Alleged Cheating of Rs 36 Crores. Commercial Property Transaction Dispute Resulted in FIR; Petitioners Claim Abuse of Process Amid Pending Civil and Insolvency Proceedings.

The High Court of Karnataka heard a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, filed by Patel Engineering Limited an...

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Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

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Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

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High Court of Bombay Allows Condonation of Delay in Filing Civil Revision Application Under Section 5 of Limitation Act, 1963 — Liberal Construction of 'Sufficient Cause' Emphasized

The case involves a civil application filed by Assets Reconstruction Company (India) Ltd. and its Authorised Officer, Umesh M. Dandawate, seeking cond...