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Search Results for "SFC sale"

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Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Co-operative Bank Liquidation Case, Holding Priority Over Workmen's Dues Under SARFAESI Act. Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 grants overriding priority to secured creditors over all other debts, including statutory dues like provident fund and wages.

20 Nov 2025

The appellant, a secured creditor, had advanced loans to a co-operative sugar factory (the respondent Society). The factory became defunct and default...

High Court

Madras High Court Allows TIIC's Recovery Petition Under SFC Act for Outstanding Loan of Over Rs. 1842 Crores. Court holds that the State Financial Corporation Act, 1951 is a complete code for recovery of dues and that the limitation period under Article 137 of the Limitation Act, 1963 applies to applications under Section 31 of the SFC Act, but the petition is within limitation as the cause of action is continuing.

22 Jan 2025

The Tamil Nadu Industrial Investment Corporation Limited (TIIC) filed an Original Petition under Section 31 and 31(1)(i)(aa) of the State Financial Co...

Supreme Court

Supreme Court Allows Appeal in Pay Revision Discrimination Case Against Maharashtra State Financial Corporation - Fixation of Cut-off Date for Fifth Pay Commission Benefits to Retired Employees Held Arbitrary Under Article 14 of the Constitution. The court ruled that denying benefits to employees who retired between 01.01.2006 and 29.03.2010, while granting retrospective benefits from 01.01.2006 to those in service on 29.03.2010, constitutes hostile discrimination as all formed a homogenous class during the revision period.

2 Feb 2023

The Supreme Court heard an appeal concerning the fixation of a cut-off date for implementing Fifth Pay Commission recommendations for employees of the...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Auction Dispute — No Criminal Offence Made Out in Absence of Fraud or Dishonest Intention. Sale Certificate Issued by Corporation Under Section 29 of SFC Act Confers Title; Subsequent Criminal Complaint for Cheating and Trespass Not Maintainable.

17 Aug 2021

The petitioner, Sri Nagaraj Rao C.H., filed a criminal petition under Section 482 CrPC seeking quashing of the order dated 30.07.2016 passed by the I ...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

Bombay High Court Allows Appeal Against Status Quo Order in Property Dispute — Bonafide Purchaser's Rights Protected. The court set aside the order of the Adhoc District Judge-I directing status quo, holding that the appellant had made out a prima facie case and the balance of convenience was in his favour.

5 Aug 2016

The appellant, Vijay A. Palekar, filed an appeal against an order passed by the learned Adhoc District Judge-I, which directed the appellant and respo...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

20 Sep 2011

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

High Court

Bombay High Court Quashes ESI Recovery Against Auction Purchaser in Deemed Transfer Case — Section 93-A of ESI Act Does Not Apply to Sales by Financial Corporation Under Section 29(2) of SFC Act. Auction purchaser of property from Maharashtra State Financial Corporation is not liable for prior owner's ESI arrears as the transfer is by operation of law and not by the employer.

21 Feb 2006

The petitioner, M/s. ANK Seals, a registered partnership firm, purchased a plot of land and building (U-149 in MIDC, Nagpur) in an auction sale conduc...

High Court

Bombay High Court Dismisses Petition Under Section 31(1)(aa) of SFC Act for Non-Compliance with Pre-Deposit Condition. Court holds that failure to deposit 25% of the amount due under Section 31(7) of the State Financial Corporations Act, 1951 renders the petition not maintainable.

8 Jun 2005

The petitioner, M/s. SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1...

High Court

Bombay High Court Allows SICOM's Petition Under Section 31(1)(aa) of SFC Act Against Guarantors for Recovery of Loan Defaulted by Borrower Company. Guarantors Held Jointly and Severally Liable Under Common Deed of Guarantee for Term Loan Granted to Principal Borrower.

30 Mar 2005

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951, s...

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