High Court of Judicature at Bombay Adjudicates Application for Appointment of Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996. The Dispute Involves a Loan Agreement and Seeks Resolution Through Arbitration.
22 Apr 2025...
Search Results for "mortgage enforcement"
398 result(s) found
Found 398 result(s)
High Court
High Court of Karnataka Dismisses Guarantor's Writ Petition Challenging DRAT Order for Non-Compliance with Pre-Deposit Condition Under Section 18 of SARFAESI Act. Petitioner failed to deposit 50% of the debt due as mandated by Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, leading to dismissal of appeal and writ petition.
20 Feb 2025The petitioner, Kailasam P, was a guarantor for a loan of Rs.12,84,46,406.76 as quantified on 04.04.2017. The Karnataka Bank Ltd. initiated recovery p...
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High Court
Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.
23 Jun 2022The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...
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High Court
High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.
14 Nov 2019The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...
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High Court
Bombay High Court Dismisses Appeals Against Sale of Mortgaged Property in Arbitration Proceedings — Status Quo Not Maintainable as Sale Was Already Concluded. Court Held That Once a Sale Is Concluded, No Injunction Can Be Granted to Restrain Execution of Conveyance Deed Under Section 9 of the Arbitration and Conciliation Act, 1996.
9 Aug 2016The case involves two appeals filed by Ramsarup Industries Limited and others against Tata Capital Financial Services Limited. The dispute arose from ...
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High Court
Bombay High Court Dismisses Appeal Against Interlocutory Injunction in Film Rights Dispute — Agreement for Commission and Overflow Payments Upheld as Prima Facie Valid.
12 Jun 2013The appeal arose from an order of a Learned Single Judge granting interlocutory relief in a suit concerning rights in the film 'Hum Hai Rahi Pyar Ke'....
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High Court
Bombay High Court Quashes Demand Against Mutual Fund Under Section 177(3) of Income Tax Act — Holds That Beneficiaries of Securitization Trust Are Not Liable for Trust's Tax Demand. Section 177(3) of Income Tax Act, 1961 does not impose joint and several liability on beneficiaries of a securitization trust for the trust's tax dues when the trust is assessed as a separate entity and the beneficiary holds only pass-through certificates.
6 Mar 2013The petitioner, UTI Mutual Fund, is a registered mutual fund under SEBI regulations. It invested in a securitization trust called Indian Corporate Loa...
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High Court
Bombay High Court Dismisses Employer's Petition to Refer Industrial Dispute to Arbitration — Industrial Disputes Under I.D. Act Are Not Arbitrable. The court held that disputes under Section 33(C)(2) of the Industrial Disputes Act, 1947 for recovery of wages cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.
20 Nov 2012The petitioner, Kingfisher Airlines Limited, a public limited company in the air transport industry, filed three writ petitions challenging the reject...
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High Court
Bombay High Court Partially Allows Challenge to Arbitral Award in Banking Dispute — Upholds Liability of Company but Sets Aside Award Against Directors for Lack of Evidence. The court held that directors cannot be held personally liable for company debt without personal guarantee or specific evidence under Section 34 of the Arbitration and Conciliation Act, 1996.
17 Mar 2011The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 31st March, 2006 p...
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High Court
Bombay High Court Dismisses Writ Petition Challenging Securitisation Act Notice Against Tenant in Possession of Mortgaged Property. Petitioner failed to establish independent right or title over the secured asset, and the notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was validly served.
20 Mar 2006The case involves a writ petition filed by Ms. Yukta Mookhey against the Bank of India and others. The background is that Harmonics Fabrics Fashions L...
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