Search Results for "Mardia Chemicals"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Mardia Chemicals"

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Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

High Court

Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

4 Sep 2023

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

19 Jun 2017

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

High Court of Gujarat Allows Revision Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Suit Barred by Section 34 of SARFAESI Act. The court held that the borrower's suit challenging possession notice under SARFAESI Act was not maintainable as the remedy lies exclusively before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act.

3 Mar 2026

The State Bank of India (SBI) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging an order dat...

High Court

Bombay High Court Allows Axis Bank's Application to be Joined as Party in Multiple Suits Against Orbit Corporation Ltd. — Bank's Right to Defend Its Mortgage Interest Recognized. The court held that a mortgagee bank has a right to be heard in suits for specific performance of agreements for sale of mortgaged properties, as its interest would be affected by any decree.

2 Aug 2017

The judgment concerns multiple notices of motion filed by Axis Bank Limited seeking to be joined as a party in various suits filed by flat purchasers ...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

10 Apr 2023

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Sale Notice, Directs Petitioners to Approach DRT for Interim Relief. Petitioners failed to demonstrate any illegality in the sale notice under Section 32 of the SARFAESI Act, 2002, and the remedy under Section 17 of the Act is available and efficacious.

30 Jul 2021

The petitioners, Smt. Aruna DTS Moorthy and M/s AMGC Logistic Pvt. Ltd., filed a writ petition before the Bombay High Court, Nagpur Bench, challenging...

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