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Search Results for "SARFAESI auction"

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High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Proceedings and Possession Warrants in Suit for Specific Performance. Third-party purchasers cannot resist execution of decree for specific performance when they purchased property during pendency of suit without obtaining leave of court under Order XXI Rule 97 CPC.

22 Sep 2025

The present writ petition was filed by M/s. Prembrothers Infrastructure LLP and M/s. DJ Sons Hospitality (the petitioners) challenging the execution p...

Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

20 Jul 2020

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Setting Aside Auction Sale Under SARFAESI Act — Auction Purchaser's Rights Upheld as Sale Was Completed and No Material Irregularity Found. The Court held that once a sale certificate is issued and full consideration paid, the sale cannot be set aside without impleading the auction purchaser and proving material irregularity or fraud under Section 13(4) of SARFAESI Act.

5 May 2023

The case involves an appeal against the judgment of the High Court of Judicature at Hyderabad for the State of Telangana and Andhra Pradesh, which set...

Tribunals

NCLAT Dismisses Appeal Against Liquidation Order in Insolvency Case — Appellant Failed to Show Viable Revival Plan or Error in Impugned Order. Corporate Debtor's Liquidation Upheld as No Resolution Plan Was Received and Appellant's Offer Was Not a Valid Plan Under IBC.

30 Nov -0001

The case involves an appeal filed by P. Naveen Chakravarthy (the appellant) against an order dated 27.01.2021 passed by the Adjudicating Authority (Na...

High Court

Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

17 Oct 2025

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

20 Jul 2020

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Recovery of Security Deposit Under RDB Act. Security Deposit Refund Under Leave and License Agreement is Not a 'Debt' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, as It Does Not Arise from a Banking Transaction or Financial Assistance.

19 Oct 2018

The petitioner, HDFC Bank Ltd., a private sector bank, filed a writ petition challenging the order of the Debt Recovery Tribunal (DRT) at Pune, which ...

High Court

High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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