Search Results for "Debt Recovery Appellate Tribunal"

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Search Results for "Debt Recovery Appellate Tribunal"

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High Court

High Court of Karnataka Allows Bank's Appeal Against Single Judge Order in Writ Petition Challenging Endorsement Under SARFAESI Act. Writ Petition Challenging Endorsement Under Section 13(2) of SARFAESI Act Held Not Maintainable Due to Alternative Remedy Under Section 17.

29 Nov 2024

The appellants, Union Bank of India and its Chief Manager, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated...

High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

11 Jan 2024

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

Supreme Court

Supreme Court Allows Compensation Claim for Railway Accident Death Under Section 124A of Railways Act, 1989 — Bona Fide Passenger Presumption Applies When Ticket Found on Body. The court held that the death of a passenger who fell from a train due to jolting and crowd is an untoward incident, and the railway is strictly liable to pay compensation.

5 May 2023

The case involves an appeal by the claimants (widow and children of the deceased) against the dismissal of their compensation claim by the Railway Cla...

Supreme Court

Supreme Court Allows Liquidator's Appeal on Limitation Grounds in Insolvency Proceeding. Limitation period under Section 61 of the Insolvency and Bankruptcy Code, 2016 runs from the date the order is made available, not from pronouncement, applying Section 420(3) of the Companies Act, 2013 and Rule 50 of the National Company Law Tribunal Rules, 2016 for free copies.

22 Oct 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 13 July 2020, which dismissed the appellant's appeal as ...

Supreme Court

Supreme Court Allows Workers' Union Appeal in Territorial Jurisdiction Dispute — Gujarat High Court Has Jurisdiction as Part of Cause of Action Arose in Gujarat. Workers' Employment at Porbandar Factory and Labour Court Proceedings in Gujarat Confer Jurisdiction Under Article 226(2) of the Constitution.

14 Feb 2019

The appeal arose from a dispute between Cement Workers' Mandal (appellant-Union) and Global Cements Ltd (respondent-company) and Indian Bank (responde...

High Court

Bombay High Court Allows PF Commissioner's Challenge Against Official Liquidator's Rejection of Damages and Interest Claims in Winding Up. Priority under Section 11(2) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 extends to damages under Section 14B and interest under Section 7Q.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator, High Court...

High Court

Bombay High Court Allows PF Commissioner's Claim for Interest Under Section 7Q Up to Winding Up Date in Company Liquidation. Priority Under Section 11(2) of PF Act Extends to All Dues Including Interest, But Damages Under Section 14B Must Be Levied Prior to Winding Up.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator of M/s. Zod...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRAT Order in Debt Recovery Matter — Maintainability of Appeal Under Section 18 of RDDBFI Act, 1993. The court held that an appeal against an interim order under Section 17 of the Act is maintainable before the Debts Recovery Appellate Tribunal under Section 18, and the Tribunal's order refusing to waive pre-deposit was not perverse or without jurisdiction.

23 Jun 2014

The petitioners, M/s. IDEB Projects Pvt Ltd and others, filed writ petitions under Article 227 of the Constitution of India challenging an order dated...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Directs DRT to Deliver Judgment Within Four Weeks in Recovery Appeal — Delay in Pronouncement After Hearing Concluded Held Unjustified. Presiding Officer of Debts Recovery Tribunal repeatedly adjourned pronouncement of judgment for over six months after hearing concluded, amounting to failure to exercise jurisdiction under Section 30 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

22 Nov 2011

The Petitioner, International Asset Reconstruction Company Pvt. Ltd., had filed an application for sale of immovable property mortgaged in its favour ...

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