Search Results for "Debts Recovery Tribunal"

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Search Results for "Debts Recovery Tribunal"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

23 Dec 2025

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

High Court

Bombay High Court Dismisses Writ Petition Challenging EPF Recovery Proceedings Against Corporate Debtor Under IBC Moratorium. Held that Section 14 of IBC does not bar EPF recovery proceedings under Section 7A of EPF Act as they are not 'assets' of corporate debtor but trust money.

30 Nov -0001

The petitioner, Galvanotek Industries Private Ltd., a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016...

High Court

Bombay High Court Upholds Pre-Deposit Condition for Appeal Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — Section 21 Mandates Deposit of 75% of Debt Amount Before Entertaining Appeal. The Court declined to interfere with the Appellate Tribunal's order directing 50% deposit, as the order was within the Tribunal's discretion and the petitioners had an alternative remedy.

12 Aug 2005

The petitioners, Ashish Mines & Minerals and others, were borrowers who had availed credit facilities from the Central Bank of India in 1985, includin...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

13 Oct 2011

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...

High Court

Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

16 Mar 2017

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sale Confirmation in Debt Recovery Proceedings — Auction Sale Valid Despite Alleged Irregularities Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Inadequacy of Price Not Sufficient to Set Aside Sale Unless It Shocks Conscience; No Substantial Injury Proved.

24 Nov 2010

The petitioners, Asha Mehta and another, were judgment debtors against whom Allahabad Bank had obtained a decree for recovery of Rs.33.51 crores with ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Share Purchase Dispute — Upholds Majority Award on Misrepresentation of Receivables. The court held that the arbitral tribunal's findings on misrepresentation and damages were not perverse and did not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996.

16 Mar 2012

The petitioner, GWL Properties Ltd. (formerly Gordon Woodroffe Ltd.), challenged a majority arbitral award dated 31 August 2009 under Section 34 of th...

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