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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Legal Heirs of Borrower. Court Holds That Legal Heirs Are Bound by Mortgage and Cannot Challenge Section 13(2) Notice After Delay and Without Availing Alternative Remedy Under Section 17 of SARFAESI Act.

The petitioners, legal heirs of Smt. Sudha Avdhut Patil, filed a writ petition challenging the proceedings initiated by the Central Bank of India unde...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale Due to Alternative Remedy and Suppression of Facts. Petitioner, a Director and Shareholder of Mortgagor Company, Failed to Disclose Rejection of OTS and Auction Sale, Leading to Dismissal with Costs.

The petitioner, Ms. Archana Wani, a director and shareholder of respondent No. 5 (N. Kumar Housing and Infrastructures), filed a writ petition under A...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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Bombay High Court at Goa Allows Writ Petition by Bank Against Co-operative Tribunal Order Discharging Sureties — No Variance of Contract or Loss of Security Under Indian Contract Act, 1872. Adjustment of Compensation from Defective Vehicle Towards Loan Does Not Discharge Sureties.

The petitioner, The Goa Urban Co-operative Bank Ltd., advanced two loans totaling Rs.3,47,000 to respondent no.4 (principal borrower) for purchasing a...