Search Results for "SARFAESI Act"

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Search Results for "SARFAESI Act"

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High Court

High Court of Karnataka Dismisses Appeal by Hospital and Proprietor Against ARCIL in SARFAESI Act Matter — Upholds Single Judge's Order Dismissing Writ Petitions as Not Maintainable. The Court held that the remedy under Section 17 of the SARFAESI Act is an efficacious alternative remedy and the writ petition was not maintainable.

18 Dec 2025

The appellants, M/S Sridevi Hospital and its proprietor Dr. K. Senthilnathan, filed a writ appeal against a common order dated 20.12.2024 passed by a ...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Possession of Auctioned Property — Bank Not Obligated to Deliver Vacant Possession Under SARFAESI Act. SARFAESI Act, 2002 Section 13(4) and Section 17 — Auction Sale Confirmed in Favor of Petitioner, but Bank Delivered Only Symbolic Possession; Petitioner's Remedy Lies Before DRT Under Section 17.

16 Dec 2025

The petitioner, Mr. Suresh Kumar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru...

Tribunals

NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.

3 Jul 2025

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...

High Court

Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued.

12 Aug 2022

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisatio...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

High Court

High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

24 May 2021

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

High Court

Bombay High Court Allows Writ Petition Quashing Attachment Notices Against Third-Party Purchaser for Excise Dues of Defaulter. Central Excise Cannot Attach Property Sold Prior to Creation of Dues Without Notice to Purchaser Under Section 11 of Central Excise Act, 1944.

22 Apr 2021

The Petitioner, M/s Runwal Constructions, a partnership firm registered under the Indian Partnership Act, 1932, engaged in construction and developmen...

High Court

Bombay High Court Directs District Magistrate to Dispose of SARFAESI Section 14 Application Within Statutory Time Limit — Amendment (44 of 2016) Mandates 30-Day Disposal. The court held that the District Magistrate must pass an order on an application under Section 14 of the SARFAESI Act within 30 days, extendable to 60 days, and the amendment applies to pending proceedings.

21 Nov 2016

The petitioner, Edelweiss Asset Reconstruction Company Limited, a financial institution registered under the SARFAESI Act, filed a writ petition befor...

High Court

Bombay High Court Upholds Cooperative Court's Injunction Against Bank's Recovery Notice Despite SARFAESI Proceedings — Jurisdiction of Cooperative Court Not Ousted by SARFAESI Act for Disputes Under Section 91 of MCS Act.

24 Feb 2015

The petitioner, M/s. Shewalkar Developers Ltd., a company incorporated under the Companies Act, 1956, was engaged in land development and construction...

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...

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