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 Dismisses Letters Patent Appeal Upholding SARFAESI Act’s Bar on Cooperative Court Jurisdiction; DRT Under Section 17 Has Exclusive Power to Examine All Disputes Including Fraud. The Court ruled that the Debt Recovery Tribunal under Section 17 has comprehensive authority to examine all grievances, including allegations of fraud, and once invoked, that remedy must be pursued exclusively.

20 Dec 2010

The appeal arose from a dispute concerning the enforcement of security interest by the Jalgaon Merchant Co-operative Bank under the Securitisation and...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Legal Heirs of Borrower. Court Holds That Legal Heirs Are Bound by Mortgage and Cannot Challenge Section 13(2) Notice After Delay and Without Availing Alternative Remedy Under Section 17 of SARFAESI Act.

27 Apr 2026

The petitioners, legal heirs of Smt. Sudha Avdhut Patil, filed a writ petition challenging the proceedings initiated by the Central Bank of India unde...

High Court

High Court of Karnataka Allows Writ Appeal by State Bank of India Against Single Judge Order Directing Release of Title Deeds, Holding That Bank Has a Lien Over Deposited Title Deeds Under Section 171 of the Contract Act, 1872, and That the Borrowers Must Repay the Loan Before Seeking Return of Documents.

4 Apr 2025

The case involves a writ appeal filed by the State Bank of India (appellants) against an order of a Single Judge dated 20.06.2024 in W.P.No.201339/202...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

High Court

Bombay High Court Allows Axis Bank's Application to be Joined as Party in Multiple Suits Against Orbit Corporation Ltd. — Bank's Right to Defend Its Mortgage Interest Recognized. The court held that a mortgagee bank has a right to be heard in suits for specific performance of agreements for sale of mortgaged properties, as its interest would be affected by any decree.

2 Aug 2017

The judgment concerns multiple notices of motion filed by Axis Bank Limited seeking to be joined as a party in various suits filed by flat purchasers ...

High Court

High Court Dismisses Arbitration Petitions Challenging Awards Under Multi-State Co-operative Societies Act -- Upholds Arbitrator's Jurisdiction in Banking Dispute with Co-operative Bank -- No Conflict Found with SARFAESI Act or RDB Act

12 Feb 2026

The High Court dismissed two Commercial Arbitration Petitions challenging arbitral awards passed by an Arbitrator appointed under Section 84 of Multi-...

Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in SARFAESI Act Jurisdiction Dispute. Disputed Question of Fact Regarding Agricultural Land Cannot Be Decided Under Order 7 Rule 11 CPC; Issue Must Be Tried in Suit.

18 Sep 2020

The applicant, Sundaram Home Finance Limited, a secured creditor, filed a Civil Revision Application challenging an order of the Civil Judge, Junior D...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

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