Search Results for "Court Auction Sale"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Court Auction Sale"

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High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

High Court

High Court of Karnataka Allows Liquidator's Appeal, Upholds Forfeiture of EMD and PDM for Default by Successful Bidder in Liquidation Sale. Writ Petitioner's Failure to Pay Balance Sale Consideration Within Stipulated Time Justified Forfeiture Under IBC Regulations.

12 Dec 2025

The appellant, Sri Pankaj Srivastava, Liquidator of M/s Samrudhi Realty Ltd., appealed against an order dated 12.12.2024 passed by a learned Single Ju...

Supreme Court

Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

14 May 2024

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

High Court

Bombay High Court Quashes Stamp Duty Reassessment Order Due to Violation of Natural Justice and Non-Application of Mind. Collector's order set aside for failing to consider petitioner's objections and relying on unsubstantiated ready reckoner rates without providing opportunity of hearing.

4 Mar 2024

The petitioner, Crystal Construction Company, challenged an order dated 16 September 2021 passed by the Collector of Stamps, Andheri, which adjudicate...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

High Court of Karnataka Quashes Auction Notice Issued by Town Panchayat for Lack of Authority Under Karnataka Municipalities Act, 1964. Town Panchayat Cannot Auction Property Without Statutory Power and Without Following Due Process Under Section 70 of the Act.

25 Oct 2021

The petitioners, who are residents and property owners in Arkalgud Town, challenged an auction notice dated 20.09.2021 issued by the Arkalgud Town Pan...

High Court

Bombay High Court Allows Petition Challenging Auction Sale by Cooperative Bank for Non-Disclosure of Reserve Price and Lack of Proper Notice Under Section 101 of Maharashtra Cooperative Societies Act, 1960. Sale Set Aside as Bank Failed to Comply with Rule 107 of Maharashtra Cooperative Societies Rules, 1961.

30 Jul 2021

The petitioner, Munjaji Kondiba Chate, owned agricultural lands in Beed district, Maharashtra. He had taken a loan from Deenadayal Nagari Sahakari Ban...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Society Recovery Proceedings — Petitioner Not Given Opportunity of Hearing Before Attachment of Property. Recovery under Section 101 of Maharashtra Co-operative Societies Act, 1960 must comply with natural justice; failure to give hearing vitiates attachment order.

13 Jun 2018

The petitioner, Sunil Sitaram Mahajan, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 1st February 20...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Co-operative Society Recovery Proceedings — Petitioner Failed to Exhaust Statutory Remedy of Appeal Under Section 154 of Maharashtra Co-operative Societies Act, 1960. The court held that writ jurisdiction under Article 226 is not ordinarily exercisable when an alternative statutory remedy is available and no exceptional circumstances exist.

7 Mar 2018

The petitioner, Manisha Bijal Shah, filed two writ petitions under Article 226 of the Constitution of India challenging recovery proceedings initiated...

High Court

Bombay High Court Sets Aside Municipal Corporation's Attachment and Auction of Property for Non-Compliance with Statutory Notice Requirements under Bombay Municipal Corporation Act, 1888. The court held that failure to serve notice under Section 206 of the BMC Act renders the entire recovery proceedings illegal and void.

8 Sep 2010

The original plaintiff, Champaklal Shah, filed a suit in 1986 seeking a declaration that the warrant of attachment dated 26th September 1983 and the s...

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