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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...

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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.

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...

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Bombay High Court Upholds Public Interest Petition and Directs Expeditious Disposal of Section 14 SARFAESI Applications by Magistrates. Section 14 Powers Are Ministerial and No Notice to Borrower Is Required, Emphasizing Need to Recover Public Money Quickly.

The matter originated as a Criminal Writ Petition filed by International Asset Reconstruction Company Private Limited, an asset reconstruction company...

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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act.

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to depos...