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High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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High Court of Karnataka Reserves Judgment on Condonation of Delay in Land Acquisition Appeal Filed Beyond 120 Days Under 2013 Act. Issue of Whether Section 5 of Limitation Act Applies to Section 74(1) of Right to Fair Compensation Act, 2013 Remains to be Decided.

The Deputy Commissioner and Special Land Acquisition Officer, Bengaluru (SLAO) filed an appeal under Section 54(1) of the Land Acquisition Act, 1894 a...

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Karnataka High Court Hears Writ Petition Challenging Forfeiture of Earnest Money by KSFC in E-Auction Under SARFAESI Act. Petitioner Claims Suppression of Pending Suit and Interim Order Affected Marketable Title, Rendering Auction Notification Fraudulent.

The petitioner, N. Lakshmana, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka seeking...

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Bombay High Court Pronounces Judgment in Criminal Appeal Against MPID Court's Order Rejecting Application to Declare Attachment Void. Appeal Raises Questions on Compliance with Sections 4 and 5 of the Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999.

The criminal appeal before the Bombay High Court arose from an order of the designated court under the Maharashtra Protection of Interests of Deposito...

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Bombay High Court Quashes DRAT Order Waiving Pre-deposit in SARFAESI Appeal — Mandatory Deposit Under Section 18(1) Cannot Be Waived Without Recording Exceptional Hardship. Cooperative Bank's Right to Enforce Security Interest Upheld as Secured Creditor Under SARFAESI Act.

The petitioner, Godavari Laxmi Co-operative Bank Ltd., a cooperative bank, had issued a notice under Section 13(2) of the Securitisation and Reconstru...

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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...