Search Results for "attachment before judgment"

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Search Results for "attachment before judgment"

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High Court

High Court Allows Writ Petitions Filed by Secured Creditor and Auction Purchasers, Quashing Attachment Orders of State Tax Authorities. Priority of Secured Creditor Under Section 26E of SARFAESI Act Held to Override ‘First Charge’ and Non-Obstante Clauses in the Maharashtra Goods and Services Tax Act, 2017.

13 Jul 2026

The High Court of Judicature at Bombay allowed a batch of six writ petitions filed by a secured creditor and auction purchasers, quashing various atta...

High Court

High Court of Karnataka Hears Company Applications for Recall of Attachment and Leave to Sell Property in Winding-Up of BPL Engineering Limited. Issues Raised Include Whether SARFAESI Act Overrides Tax Department's Statutory First Charge under the Andhra Pradesh General Sales Tax Act and Central Sales Tax Act.

2 Jul 2026

The matter pertained to competing claims over an immovable property of BPL Engineering Limited (in liquidation), situated at Pashamylaram Village, San...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

High Court

Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

21 Mar 2024

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

High Court

Bombay High Court Allows Writ Petitions Challenging Provisional Attachment of Bank Accounts Under Section 83 of CGST Act, 2017 — Orders of Attachment Quashed for Non-Compliance with Mandatory Conditions. The court held that provisional attachment requires pendency of proceedings under specified sections and formation of opinion by Commissioner with recorded reasons, and that the order disposing objections under Rule 159(5) is not appealable.

30 Jun 2023

The Bombay High Court dealt with three writ petitions challenging the provisional attachment of bank accounts under Section 83 of the Central Goods an...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Allows MPID Act Appeal for Return of Seized Property to Accused Pending Trial — Property Not Proceeds of Crime Under MPID Act. Court holds that Section 3 of MPID Act does not authorize continued retention of property not linked to deposits, and directs release of vehicle and cash to appellant subject to conditions.

30 Nov 2017

The Bombay High Court allowed Criminal Appeal No. 813 of 2016 filed by Suresh Raju Shetty, challenging an order of the Designated Court under the Maha...

High Court

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.

19 Jan 2016

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

High Court

Karnataka High Court Allows Second Appeal in Execution Dispute Over Attached Property — Sale Agreement Prior to Attachment Confers Right to Resist Execution Under Order XXI Rules 58 and 97 CPC. The Court held that attachment before judgment does not create any right or title, and a prior sale agreement coupled with possession gives the purchaser a right to object to execution.

13 Apr 2015

The appellant, S.K. Gangadhara, entered into a registered sale agreement on 01.07.2004 for the purchase of a house property from Sri B.M. Krishna. The...

High Court

Bombay High Court Allows Chamber Summons to Raise Attachment Under Order 21 Rule 54 CPC — Bona Fide Purchaser for Value Without Notice of Decree Protected. The court held that an attachment order served after the purchaser had paid full consideration and obtained possession is not binding on the purchaser.

6 Apr 2005

The present chamber summons was taken out by the applicant, Rajneesh Agarwal & Associates P. Ltd, seeking to raise an attachment under Order 21 Rule 5...

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