Search Results for "cooperative bank loan recovery"

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Search Results for "cooperative bank loan recovery"

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High Court

High Court of Judicature at Bombay Resolves Reference on Deposit Requirement for Revision Under Maharashtra Co-operative Societies Act, 1960 - The court held that a litigant challenging only consequential actions pursuant to a recovery certificate under Section 101 is not required to deposit 50% of recoverable dues under Section 154(2A), as the mandate applies solely to challenges against the certificate itself.

4 Mar 2026

The judgment arose from a reference made by a learned Single Judge of the High Court of Judicature at Bombay to resolve an irreconcilable conflict bet...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitration Award in Cooperative Bank Dispute — No Interference Under Article 227 as Concurrent Findings of Fact and Law Are Not Perverse. The Court upheld the recovery certificate issued under the Multi-State Cooperative Societies Act, 2002, finding no jurisdictional error or violation of natural justice.

11 Nov 2025

The petitioner, TJSB Sahakari Bank Ltd., a multi-state cooperative bank, filed a writ petition under Article 227 of the Constitution of India challeng...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Allows Continuation of Arbitration Proceedings After Amalgamation of Multi-State Cooperative Society into Non-Cooperative Entity. The court held that Section 29A of the Arbitration and Conciliation Act, 1996 does not apply to arbitrations under the Multi-State Co-operative Societies Act, 2002, and that arbitration proceedings survive amalgamation.

20 Mar 2024

The judgment concerns two writ petitions filed by Emerald Realtors Pvt. Ltd. and Dewan Realtors Pvt. Ltd. challenging the continuation of arbitration ...

High Court

High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

7 Aug 2023

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

Supreme Court

Supreme Court Allows Bank's Appeal Against High Court's Mandamus to Consider OTS Application. Court Holds That No Writ of Mandamus Can Be Issued to Direct a Bank to Grant One Time Settlement Benefit Under Article 226 of the Constitution.

15 Dec 2021

The present appeal arises from a judgment of the Allahabad High Court which, in exercise of powers under Article 226 of the Constitution of India, iss...

High Court

Bombay High Court Dismisses Writ Petition Challenging RBI's Directions to Cooperative Bank — RBI's Directions Under Section 35A of Banking Regulation Act, 1949 Upheld as Valid and Not Violative of Natural Justice. The Court Held That Section 35A Does Not Require a Prior Hearing and the Directions Were Issued in Public Interest to Protect Depositors.

6 Oct 2018

The petitioners, The Veershaiva Cooperative Bank Ltd. and its employees' union, filed a writ petition challenging the directions issued by the Reserve...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

4 Feb 2014

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

High Court

Bombay High Court Dismisses Cooperative Bank's Writ Petitions Challenging Recovery Certificate and Auction Sale — Upholds Validity of Sale Certificate Issued Under Maharashtra Cooperative Societies Act, 1960. The court held that the sale certificate under Section 99 is conclusive evidence of title and the recovery certificate under Section 101 is final and binding, barring writ jurisdiction.

30 Nov -0001

The petitioner, Sangli Sahakari Bank Ltd., a cooperative bank registered under the Maharashtra Cooperative Societies Act, 1960, filed three writ petit...

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