Search Results for "Securitisation"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Securitisation"

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High Court

Bombay High Court Allows Writ Petition Quashing MPID Act Attachment Against Corporate Debtor's Property. Section 32A IBC Overrides MPID Act as Property Acquired Prior to Offence and Corporate Debtor Not Accused.

8 Jun 2026

The petitioner, Dwarka Iron Industries Pvt. Ltd., as the Successful Resolution Applicant of the corporate debtor M/s. Abhirama Steels Limited, filed a...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Allows Wife's Application to Sell Matrimonial Home and Directs Husband to Pay EMIs in Family Court Dispute. The court held that the husband is liable to pay EMIs as maintenance and the wife may sell the property with court supervision to protect the matrimonial home from bank action under the Securitisation Act.

20 Mar 2013

The writ petition arose from an order of the Family Court No.7, Mumbai dated 23rd August 2011, which rejected the wife's application for direction to ...

High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

Supreme Court

Supreme Court Allows Section 7 IBC Application by State Bank of India Against Krishidhan Seeds Private Limited — Limitation Extended by Acknowledgment in Balance Sheet Under Section 18 of Limitation Act, 1963. The Court set aside NCLT and NCLAT orders that had rejected the application as time-barred, holding that acknowledgments of debt, including in balance sheets, can extend limitation under Section 18 of the Limitation Act, 1963.

18 Apr 2022

The Supreme Court allowed an appeal by the State Bank of India (SBI) against the rejection of its application under Section 7 of the Insolvency and Ba...

High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

11 Jan 2024

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

Tribunals

NCLAT Dismisses Appeal of BEST Undertaking Against Liquidator's Rejection of Interest Claim and Secured Creditor Status in Liquidation of Spark Green Energy. Interest-Free Deposit Does Not Attract Interest, and Unregistered Charge Does Not Confer Secured Status Under IBC.

1 Jan 2025

The appeal was filed by Brihanmumbai Electricity Supply and Transport Undertaking (BEST) against an order of the Adjudicating Authority (NCLT Mumbai B...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC.

6 Mar 2020

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Kar...

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