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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...
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Search Results for "mortgaged properties"

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High Court

Bombay High Court Dismisses Writ Petition by Kotak Mahindra Bank Seeking Priority Over Secured Creditors in Liquidation Proceeds of Hukumchand Mills Ltd. The Court held that the Official Liquidator's decision to distribute sale proceeds among secured creditors in accordance with Section 529A of the Companies Act, 1956 was correct and that the petitioner, as an unsecured creditor, was not entitled to priority.

30 Nov -0001

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition challenging the decision of the Official Liquidator of Hukumchand Mills Ltd. to dis...

High Court

High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

19 Sep 2016

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

4 Jan 2023

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

High Court

Bombay High Court Dismisses Bank's Claim for Interest During Liquidation Period, Upholds Workers' Priority for Unpaid Wages. The court held that interest on credit facilities ceases to accrue upon commencement of liquidation under the Maharashtra Co-operative Societies Act, 1960, and that workers' wages have priority over secured creditors under Section 529A of the Companies Act, 1956 read with Section 114 of the MCS Act.

14 Oct 2022

The Petitioner-Bank, The Maharashtra State Co-operative Bank Ltd, had extended credit facilities to a co-operative society which subsequently went int...

High Court

High Court of Karnataka Considers Appeals Against Vacation of Temporary Injunction in Property Partition Dispute. Grandchildren Seek Share in Ancestral Properties Alleging Attempts to Alienate Suit Properties.

22 Sep 2020

The matter pertains to two appeals filed against the order of the XIV Additional City Civil Judge, Bengaluru, dated 26 September 2019, in Original Sui...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

High Court

Bombay High Court Dismisses Employees' Union's Claim for Priority Over Secured Creditor in Non-Functional Company. The court held that under the SARFAESI Act, the secured creditor's rights prevail over employees' dues when the company is not wound up, but directed sympathetic consideration of employees' claims.

30 Aug 2022

The writ petition was filed by Khandelwal Tube Mill Kamgar Sangh, a registered trade union representing employees of Khandelwal Tube Mill (the Company...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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