High Court of Judicature at Bombay Admits Multiple Writ Petitions and Issues Rule — Petitioners seek legal remedy against respondents in civil dispute.
25 Apr 2025...
Search Results for "mortgagor"
175 result(s) found
Found 175 result(s)
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 2024The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...
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High Court
Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds First Appellate Court's Declaration of Unlawful Possession and Order for Vacant Possession. The Court held that the plaintiff failed to prove tenancy rights and that the defendant's title by sale deed from mortgagee was valid, rejecting the plaintiff's claim of adverse possession.
5 Mar 2024The case involves a property dispute over City Survey No. 2463 at Wai, Satara. The plaintiff, Ramesh Anandrao Shirke (since deceased, represented by l...
- 16
High Court
High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.
14 Dec 2022The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...
- 29
High Court
Bombay High Court Allows Petition Seeking Release of Mortgage Documents After Full Loan Repayment, Rejects Bank's Claim of General Lien. The court held that a bank cannot retain title deeds deposited as security for a specific loan after full repayment on the ground of other debts, as the general lien under Section 171 of the Indian Contract Act, 1872 does not extend to such documents.
25 Aug 2022The petitioner, M/s F.A. Construction, a partnership firm, had availed a loan of Rs. 98,00,000 from Andhra Bank (now Union Bank of India) under the St...
- 19
Supreme Court
Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
23 Sep 2021The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...
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High Court
Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.
25 Jun 2021The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...
- 23
High Court
Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Conditional Sale Deed Constructed as Mortgage. Court holds that a deed with a reconveyance clause is a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the mortgagee's adverse possession claim fails due to acknowledgment of title.
15 Feb 2017The respondent (original plaintiff) filed a suit for possession and reconveyance of an agricultural land bearing Survey No.275, admeasuring 22 Ars, cl...
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High Court
Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.
25 Jan 2017The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...
- 55
High Court
Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.
8 Oct 2013The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...
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