Search Results for "Section 17"

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Search Results for "Section 17"

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High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Impleadment Order Under Section 37(2)(b) of Arbitration Act — Impleadment Not an Interlocutory Order Under Section 17. The court held that an order allowing impleadment of parties in arbitration proceedings is not appealable under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, as it does not constitute an order under Section 17 of the Act.

10 Apr 2026

The petition was filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 challenging an order of the learned arbitral tribunal date...

High Court

Bombay High Court Dismisses Petition Seeking Consideration of OTS Scheme Under RBI Guidelines in SARFAESI Act Matter. Court holds that once possession of secured asset is taken under Section 13(4) of SARFAESI Act, 2002, the remedy lies before the Debts Recovery Tribunal under Section 17, not by way of writ petition.

5 Dec 2016

The petitioners, Dr. Kishor Chimasaheb Nimbalkar and Sou. Dhanshree Kishor Nimbalkar, are running a hospital. They obtained a home loan of Rs.34,00,00...

High Court

Bombay High Court Dismisses Writ Petition as Alternative Remedy Under SARFAESI Act Available to Third Party. Third person aggrieved by measures under Sections 13(4) and 14 of SARFAESI Act can approach Debts Recovery Tribunal under Section 17.

21 Nov 2016

The petitioner, Sunil Jaidev Sharma, filed a writ petition before the Bombay High Court challenging an order dated 27 September 2016 passed by the Chi...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Case — Petitioner Failed to Show Any Error in DRT's Refusal to Set Aside Auction Sale. Court Held That DRT's Order Was Not Without Jurisdiction and That the Petitioner Had an Alternative Remedy of Appeal Under Section 18 of SARFAESI Act.

19 Aug 2016

The petitioner, Asset Reconstruction Company (India) Limited, acting as trustee of Arcil-SBPS-024-I Trust, filed a writ petition under Article 226 of ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Dismisses Writ Petitions Challenging SARFAESI Proceedings Against Guarantors and Borrowers. Court Holds That Section 17(1) of SARFAESI Act Provides an Alternative Remedy to Challenge Possession Notices and That Writ Jurisdiction Under Article 226 Should Not Be Entertained When Statutory Remedy Is Available.

5 Jul 2016

The judgment pertains to two writ petitions filed before the Bombay High Court challenging an order dated 11th September 2015 passed by the Chief Metr...

High Court

Bombay High Court Dismisses Second Appeal Under Section 37(3) of Arbitration Act as Not Maintainable — No Second Appeal Lies Against Order Passed in Appeal Under Section 37 of Arbitration and Conciliation Act, 1996.

25 Jan 2016

The appellant, Vinvin Enterprises (P) Limited, filed an Arbitration Petition under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

High Court

Bombay High Court Dismisses Second Appeal Under Section 37(3) of Arbitration Act as Not Maintainable. No Second Appeal Lies Against Order Passed in Appeal Under Section 37 of Arbitration and Conciliation Act, 1996.

25 Jan 2016

The appellant, Vinvin Enterprises (P) Limited, filed a second appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the r...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Interim Relief Under Section 9. Court Holds That Arbitral Tribunal's Jurisdiction to Decide on Interim Measures Does Not Bar the Court from Granting Such Relief Under Section 9 of the Arbitration and Conciliation Act, 1996.

14 Jan 2016

The appeal was filed by the original petitioners, Birla International Pvt. Ltd. and Nirved Traders Pvt. Ltd., against the order of the learned Single ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

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