Search Results for "Securitization Act"

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Search Results for "Securitization Act"

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High Court

High Court Validates DRAT Order for Pre-Deposit Calculation in Secured Asset Auction Dispute. Pre-deposit determination upheld as per SARFAESI Act, focusing on "debt due" over auction value.

19 Dec 2024

The Bombay High Court upheld the DRAT's order mandating a pre-deposit based on "debt due" when the measures under Section 13(4) of the SARFAESI Act we...

High Court

High Court of Judicature at Bombay Considers Whether DRT Mumbai Has Territorial Jurisdiction Under SARFAESI Act When Cause of Action Arises in Mumbai and Secured Property in Gujarat. Interpretation of Sections 17(7) SARFAESI Act and 19(1) RDDB Act and Applicability of CPC Section 16 to Securitization Applications.

15 Dec 2015

The writ petition under Article 226 of the Constitution of India challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 8 October 20...

High Court

Bombay High Court Directs Magistrate to Implement SARFAESI Order for Bank Possession. Chief Metropolitan Magistrate Bound to Execute Section 14 Order for Taking Physical Possession of Secured Assets with Police Assistance.

10 Jun 2011

The petitioner, Kotak Mahindra Bank Limited, a banking company as defined in Clause 5 of the Banking Regulation Act, 1949, filed a criminal writ petit...

High Court

Bombay High Court Dismisses Writ of Prohibition Against Securitization Application Under Section 14 of SARFAESI Act — Petitioner Failed to Establish Lack of Jurisdiction as Respondent Was a Secured Creditor Under Section 2(1)(zd) of the Act. The court held that the challenge to the maintainability of the application under Section 14 was premature and that the petitioner could raise all contentions before the Chief Metropolitan Magistrate.

21 Feb 2025

The petitioner, M/s. Pyramid Developers, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Articles 22...

High Court

Madras High Court Allows Bank's Writ Petition for Registration of SARFAESI Sale Certificate Despite Prior Sale Deeds by Mortgagor. Sub-Registrar Directed to Register Sale Certificate as Unauthorised Sales by Mortgagor Do Not Bind Secured Creditor.

10 Feb 2025

The case involved a writ petition filed by Canara Bank under Article 226 of the Constitution seeking a mandamus to direct the Sub-Registrar, Kelamanga...

High Court

Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

25 Feb 2019

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...

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

High Court Allows Writ Petition, Quashes DRAT Order Imposing Pre-deposit on Tenant Under SARFAESI Act -- Petitioner, Neither Borrower Nor Guarantor, Not Required to Deposit 40% for Appeal -- Appeal Revived and Restored for Merits Consideration Without Pre-deposit

20 Jan 2026

The Petitioner, a tenant in a redeveloped building, challenged an order of the Debt Recovery Appellate Tribunal, Mumbai (DRAT, Mumbai) that required h...

High Court

Karnataka High Court Quashes Possession Notice Against Guarantor in SARFAESI Act Case — Bank Must Exhaust Remedies Against Borrower First. Guarantor's Property Cannot Be Proceeded Against Without First Proceeding Against Principal Borrower Under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

12 Apr 2018

The petitioner, Mahesh S/o Hemadreppa Sajjanaar, filed a writ petition challenging a possession notice dated 06.03.2017 issued by the Authorized Offic...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

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