Search Results for "secured creditor"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "secured creditor"

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High Court

Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

8 Jun 2026

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

High Court

High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

4 Sep 2025

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

High Court

Bombay High Court Sets Aside Warrant of Attachment in Execution Proceedings Due to Approved Resolution Plan Under IBC. The court held that the MSEFC award was subsumed by the NCLT-approved resolution plan, which provided for 15% payment of the claim, and the execution could not proceed for the full award amount.

18 Mar 2024

The case involves an execution application filed by Mars Art Studio (the judgment creditor) against Shirdi Industries Limited (the judgment debtor) to...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

High Court

High Court of Judicature at Bombay Sets Aside Recovery Notices for Sugarcane Purchase Tax and Sales Tax from Auction Purchaser; Petitioner Not Liable for Pre-existing Statutory Dues of Defaulter Sugar Factory. Sale of Secured Assets under SARFAESI Act on 'As Is Where Is' Basis Did Not Include Notice of Tax Dues Absent from Revenue Records at Time of Bid Submission.

1 Aug 2017

The matter arose from a writ petition filed by a sugar factory (petitioner) challenging communications dated 29th November 2016 and 23rd January 2017 ...

High Court

Bombay High Court Dismisses Review Petition in Debt Recovery Case — No Error Apparent on Record. Review Petition under Order 47 Rule 1 CPC fails as petitioner failed to deposit amount as directed, and no grounds for review were made out.

5 Feb 2016

The petitioner, M/s MRB Roadconst. Pvt. Ltd., filed a Review Petition before the Bombay High Court seeking review of an order dated 10th June 2015 pas...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

High Court

Bombay High Court Dismisses Challenge to Rule 8(5) of Security Interest (Enforcement) Rules, 2002 — Rule Permitting Authorised Officer to Fix Reserve Price in Consultation with Secured Creditor Held Valid. The Court Found No Arbitrariness as Borrower Has Remedy Under Section 17 of SARFAESI Act Before Debt Recovery Tribunal.

14 Nov 2011

The petitioners, M/s. Sea Poly Plast India Pvt. Ltd. & Ors., challenged the constitutional validity of Rule 8(5) of the Security Interest (Enforcement...

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