Search Results for "attachment before judgment"

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Search Results for "attachment before judgment"

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High Court

Bombay High Court Allows Writ Petition Quashing MPID Act Attachment Against Corporate Debtor's Property. Section 32A IBC Overrides MPID Act as Property Acquired Prior to Offence and Corporate Debtor Not Accused.

8 Jun 2026

The petitioner, Dwarka Iron Industries Pvt. Ltd., as the Successful Resolution Applicant of the corporate debtor M/s. Abhirama Steels Limited, filed a...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

High Court

Bombay High Court Allows Writ Petitions Challenging Provisional Attachment of Bank Accounts Under Section 83 of CGST Act, 2017 — Orders of Attachment Quashed for Non-Compliance with Mandatory Conditions. The court held that provisional attachment requires pendency of proceedings under specified sections and formation of opinion by Commissioner with recorded reasons, and that the order disposing objections under Rule 159(5) is not appealable.

30 Jun 2023

The Bombay High Court dealt with three writ petitions challenging the provisional attachment of bank accounts under Section 83 of the Central Goods an...

High Court

Bombay High Court Quashes Provisional Attachment Order in GST Case — Attachment of Escrow Account Held Invalid as Petitioner Was Not the Tax-Defaulting Assessee. Section 83 of CGST Act, 2017 does not permit provisional attachment of property of a third party who is not a noticee or assessee under the Act.

9 Feb 2021

The petitioners, Abhi Engineering Corporation Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court at Goa Allows Appeals Against Attachment of Properties in Money Laundering Case — Holds That Provisional Attachment Order Must Be Based on Satisfaction That Properties Are Proceeds of Crime, Not Merely on Pendency of Scheduled Offence. The Court set aside the attachment of properties of Digambar Kamat and Churchill Alemao under Section 5 of PMLA for lack of material linking them to proceeds of crime.

30 Dec 2020

The case involves three appeals under the Prevention of Money Laundering Act, 2002 (PMLA) arising from a provisional attachment order dated 30th March...

High Court

Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

18 Dec 2014

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

9 Sep 2014

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Conditional Attachment Order in Co-operative Bank Dispute. Arbitrator's Power Under Section 84 of Multi-State Co-operative Societies Act, 2002 Includes Power to Pass Conditional Attachment Orders.

24 Jun 2014

The petitioners, Rohan M. Kapoor and others, challenged an order dated 10.01.2011 passed by an arbitrator appointed by the Central Registrar under Sec...

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