Search Results for "DRAT order"

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Search Results for "DRAT order"

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Supreme Court

Supreme Court Quashes High Court Order in Recovery Proceedings for Exceeding Jurisdiction. High Court Disposed of Writ Petition Challenging Interim Relief Denial by DRAT, Thereby Making Pending Appeal Infructuous Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

16 Feb 2022

The dispute originated from recovery proceedings initiated by Corporation Bank (later merged with Union Bank of India) under Recovery Certificate No.6...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

18 Dec 2014

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Karnataka High Court Sets Aside DRAT Conditional Order in SARFAESI Appeal — Pre-Deposit of 50% of Claimed Amount Held Disproportionate. Court directs DRAT to hear appeal on merits without pre-deposit, finding that the condition of depositing Rs.9.23 crores was arbitrary and violated principles of natural justice.

5 Sep 2013

The petitioners, Ms. Bani Kaur Bedi and Mr. Aman Singh Bedi, filed writ petitions under Article 227 of the Constitution challenging an order dated 29....

High Court

Bombay High Court Dismisses Writ Petition Challenging DRAT's Pre-Deposit Order Under SARFAESI Act. Pre-deposit of 30% of Amount Due Under Section 18(1) of SARFAESI Act is Mandatory and DRAT Has No Discretion to Waive It.

15 Nov 2011

The petitioner, Shree Vindhya Paper Mills Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 4 November 2011, which requir...

High Court

Bombay High Court Directs DRT to Deliver Judgment Within Four Weeks in Recovery Appeal — Delay in Pronouncement After Hearing Concluded Held Unjustified. Presiding Officer of Debts Recovery Tribunal repeatedly adjourned pronouncement of judgment for over six months after hearing concluded, amounting to failure to exercise jurisdiction under Section 30 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

22 Nov 2011

The Petitioner, International Asset Reconstruction Company Pvt. Ltd., had filed an application for sale of immovable property mortgaged in its favour ...

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

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Debt Recovery Tribunal Has Exclusive Jurisdiction Under RDDB Act, 1993, and Arbitration Clause Cannot Oust It.

8 Mar 2016

The Bombay High Court dismissed a writ petition filed by Harvestdeal Securities Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRA...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Quashes DRAT Order Waiving Pre-deposit in SARFAESI Appeal — Mandatory Deposit Under Section 18(1) Cannot Be Waived Without Recording Exceptional Hardship. Cooperative Bank's Right to Enforce Security Interest Upheld as Secured Creditor Under SARFAESI Act.

9 Dec 2011

The petitioner, Godavari Laxmi Co-operative Bank Ltd., a cooperative bank, had issued a notice under Section 13(2) of the Securitisation and Reconstru...

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