Search Results for "defaulting borrower"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "defaulting borrower"

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High Court

Bombay High Court Directs Bank to Refer MSME Loan Account for Restructuring Under RBI Framework - Petitioner's MSME Status Entitles It to Benefit of Framework for Revival and Rehabilitation. The court held that the bank was obligated to refer the stressed MSME account to the Committee for restructuring as per the Government Notification dated 29.05.2015 and RBI Master Direction dated 21.07.2016, following the Supreme Court's decision in Pro Knits.

29 Jan 2026

The petitioners, Vardhan Agro Processing Limited (petitioner No.1, an MSME) and its chairman and shareholder (petitioner No.2), filed a writ petition ...

High Court

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.

17 Oct 2025

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

High Court

High Court of Karnataka Allows Writ Appeal by State Bank of India Against Single Judge Order Directing Release of Title Deeds, Holding That Bank Has a Lien Over Deposited Title Deeds Under Section 171 of the Contract Act, 1872, and That the Borrowers Must Repay the Loan Before Seeking Return of Documents.

4 Apr 2025

The case involves a writ appeal filed by the State Bank of India (appellants) against an order of a Single Judge dated 20.06.2024 in W.P.No.201339/202...

High Court

Bombay High Court Allows Writ Petition Challenging Acceptance of Nomination in Cooperative Society Election. Returning Officer's order set aside as candidate was a defaulter under Section 26(2) of the Maharashtra Cooperative Societies Act, 1960 and Bye-law 18(1)(c).

16 Mar 2023

The petitioner, Suresh Pannalal Sankhala, filed a writ petition challenging the order dated 28.02.2023 passed by the Returning Officer (respondent no....

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Allows Writ Petition by Banks Against Additional District Magistrate's Order Disposing Section 14 SARFAESI Application Without Taking Possession. The Court Held That the Magistrate's Role Under Section 14 Is Ministerial and Cannot Adjudicate on the Validity of the Underlying Debt or Security Interest.

19 Jul 2022

The petitioners, authorized officers of four financial institutions (IDBI Bank, Axis Bank, Bank of Baroda, and CFM Asset Reconstruction Pvt. Ltd.), ha...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

High Court

Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

5 Nov 2020

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

18 Jul 2006

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

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