Search Results for "Loan Recovery"

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Search Results for "Loan Recovery"

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High Court

High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

19 Aug 2019

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

High Court

Bombay High Court Disposes of Clubbed Writ Petitions Filed by Co-operative Society and Borrowers in Loan Recovery Dispute. Recovery Certificates under Section 101 of Maharashtra Co-operative Societies Act, 1960 and Attachment Orders under Rule 107 of Maharashtra Co-operative Societies Rules, 1961 Were Challenged in the Context of Consent Awards.

2 Jul 2019

These writ petitions arise from a dispute between a co-operative credit society, Shri Datta Nagari Sahakari Patsanstha Maryadeet (Chinchwad), and its ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Recovery Proceedings — Petitioner Failed to Deposit 25% of Debt Amount as Required Under Section 21 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

9 Feb 2015

The petitioner, Sri. Srinivasa Desai, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka...

High Court

Madras High Court Allows TIIC's Recovery Petition Under SFC Act for Outstanding Loan of Over Rs. 1842 Crores. Court holds that the State Financial Corporation Act, 1951 is a complete code for recovery of dues and that the limitation period under Article 137 of the Limitation Act, 1963 applies to applications under Section 31 of the SFC Act, but the petition is within limitation as the cause of action is continuing.

22 Jan 2025

The Tamil Nadu Industrial Investment Corporation Limited (TIIC) filed an Original Petition under Section 31 and 31(1)(i)(aa) of the State Financial Co...

High Court

Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

27 Feb 2023

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

Supreme Court

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

8 May 2024

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

High Court

Madras High Court Allows TIIC's Recovery Petition Against Guarantors in SFC Act Case — Guarantors Held Jointly and Severally Liable Despite Company's Winding Up. Liability of Guarantors Under Sections 31(a) and 31(aa) of State Financial Corporations Act, 1951 Survives Liquidation of Principal Borrower and Receipt of Amount from Official Liquidator.

7 Jan 2025

The petitioner, Tamil Nadu Industrial Investment Corporation Limited (TIIC), a State Financial Corporation, filed an original petition under Sections ...

High Court

Bombay High Court Allows Writ Petitions Challenging Co-operative Bank's Recovery Proceedings Against Guarantors Without First Proceeding Against Principal Debtor. Held That Under Section 101 of Maharashtra Co-operative Societies Act, 1960, Bank Must Exhaust Remedies Against Principal Borrower Before Proceeding Against Guarantors.

13 Jun 2018

The judgment concerns two writ petitions filed against recovery proceedings initiated by The National Co-operative Bank Ltd. against guarantors of a l...

High Court

High Court of Karnataka Hears Writ Petition by Ex-Employee Challenging DRT Proceedings for Recovery of Alleged Loss Due to Misconduct. The Core Issue Is Whether Such Loss Constitutes a 'Debt' Within the Meaning of Section 2(g) of Recovery of Debts and Bankruptcy Act, 1993.

21 Apr 2023

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