Search Results for "SARFAESI notice"

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Search Results for "SARFAESI notice"

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High Court

High Court of Karnataka Quashes Adverse Observation in Bank's SARFAESI Application — Magistrate Cannot Make Observations on Validity of Proceedings Under Section 14 of SARFAESI Act, 2002. The Court held that the Magistrate's role under Section 14 is ministerial and not judicial, and any observations on the validity of the secured creditor's proceedings are without jurisdiction.

8 Sep 2025

The petitioner, State Bank of India, filed a writ petition before the High Court of Karnataka at Dharwad seeking to quash certain observations made by...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

High Court

Bombay High Court Directs Police to Provide Aid for Taking Possession Under Section 14 of SARFAESI Act. Bank's Application Allowed as Police Failed to Assist Court Commissioner Despite Magistrate's Order.

22 Oct 2018

The petitioner, Corporation Bank, had advanced loan facilities to M/s. Ankur Iron India Private Limited, which defaulted in repayment. The Bank initia...

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

Karnataka High Court Hears Writ Petition Challenging Sub-Registrar's Refusal to Register Sale Certificate Amid Prior Income Tax and Co-operative Bank Attachments. Court Examines Whether SARFAESI Act Sale Overrides Earlier Tax Attachments and Whether Sub-Registrar Can Refuse Registration on Grounds of Attachment.

27 May 2025

The petitioner, a private company, participated in a public auction conducted by State Bank of Patiala under Section 13(4) of the SARFAESI Act for a r...

High Court

High Court Examines Bar of Civil Court Jurisdiction in SARFAESI Proceedings and Rejection of Plaint Under Order VII Rule 11(d) CPC. The judgment addressed whether allegations of non-issuance of Section 13(2) notice permit civil court suit despite Section 34 of SARFAESI Act, 2002, and reviewed trial court's rejection of bank's application.

23 Apr 2021

By way of a civil revision application under the Code of Civil Procedure, 1908, the High Court of Judicature at Bombay, Aurangabad Bench, reviewed an ...

High Court

Upholding Procedural Validity in SARFAESI Proceedings. "Reaffirming the ministerial role of courts under Section 14 of the SARFAESI Act."

13 Dec 2024

The Bombay High Court, examined procedural aspects under the SARFAESI Act concerning the non-compliance with the requirements of Section 13(2) and Sec...

High Court

Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

19 Dec 2024

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

High Court

Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

14 Aug 2013

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Manager in SARFAESI Auction Case Due to Lack of Authorization and Role. Appellant was not authorized officer during relevant period and had no involvement in auction transaction, making criminal allegations baseless and proceedings an abuse of process under Section 482 CrPC.

23 Apr 2025

The Supreme Court heard an appeal by an accused bank manager against the Madras High Court's dismissal of his petition under Section 482 of the Code o...

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