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Gujarat High Court Dismisses Writ Petition Challenging DRT Order as Time-Barred Under Section 17(1) of SARFAESI Act. Limitation Period of 45 Days for Filing Securitisation Application is Mandatory and Cannot Be Extended by the Tribunal.

The petitioner, M/s. Zen Lifecare Ltd., challenged the orders of the Debt Recovery Tribunal-I, Ahmedabad, dated 20th November 2020 and 6th February 20...

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High Court Allows Writ Petition, Quashes DRAT Order Imposing Pre-deposit on Tenant Under SARFAESI Act -- Petitioner, Neither Borrower Nor Guarantor, Not Required to Deposit 40% for Appeal -- Appeal Revived and Restored for Merits Consideration Without Pre-deposit

The Petitioner, a tenant in a redeveloped building, challenged an order of the Debt Recovery Appellate Tribunal, Mumbai (DRAT, Mumbai) that required h...

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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.

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...

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Supreme Court Sets Aside High Court Order Waiving Predeposit for Appeal Under SARFAESI Act. Mandatory Deposit Under Section 18 Cannot Be Waived Even by High Court Under Article 226.

The Supreme Court considered appeals against the Bombay High Court's order dated 25.11.2019 and 16.12.2019, which had relegated the appellant (Union B...

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High Court of Karnataka Quashes Demolition Order Against Partnership Firm in BBMP Property Dispute — Lack of Proper Notice and Violation of Natural Justice. Demolition of Building Without Giving Opportunity of Hearing Held Illegal Under Karnataka Municipal Corporations Act, 1976.

The petitioners, M/s. Raghava Reddy and Associates, a partnership firm, along with its partners, filed writ petitions under Articles 226 and 227 of th...

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Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...