Search Results for "equitable mortgage"

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Search Results for "equitable mortgage"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

High Court

Bombay High Court Dismisses Revocation of Leave Under Clause 12 Letters Patent and Allows Amendment to Plaint on Jurisdiction. Court holds that jurisdiction is determined by plaint averments as a whole and subsequent amendment cannot cure lack of jurisdiction at the time of filing.

9 Mar 2005

The plaintiff, Infrastructure Leasing & Financial Services Limited, filed a suit in the Bombay High Court for recovery of Rs. 3,72,87,086/- with inter...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

29 Oct 2018

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Mortgage Dispute — Arbitrator's Jurisdiction Upheld Despite Lack of Pre-Appointment Notice. The court held that a claim for enforcement of a mortgage is arbitrable as it is in personam, and Section 21 of the Arbitration Act does not require notice before appointment when the agreement provides for unilateral appointment.

25 Jul 2013

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

High Court

Bombay High Court Allows Appeal in Winding Up Petition Over Restructured Debt — Failure to Create Mortgage and Non-Compliance with Restructuring Terms Revives Original Debt. Clause 11 of Restructuring Letter Preserved Creditor's Rights, and Issuance of Bonds Did Not Extinguish Debt Under Companies Act, 1956.

16 Jul 2013

The appeal arose from the dismissal of a winding up petition filed by SBI Global Factors Ltd. against M/s K. Sera Sera Production Ltd. The appellant h...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

6 Sep 2005

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

High Court

Bombay High Court Allows Writ Petition Challenging Bank's Dispossession of Member from Co-operative Society Gala Without Proper Notice Under Maharashtra Co-operative Societies Act. Court holds that possession of a member of a co-operative society cannot be taken without following due process under Section 101 of the MCS Act and the Maharashtra Co-operative Societies Rules, 1961.

6 Jun 2006

The petitioner, Natrajan Chandran, was a member of the Royal Industrial Co-operative Society Limited and was allotted Gala number C-16. He intended to...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRAT Order in Debt Recovery Matter — Equitable Mortgage Valid Despite Non-Registration Under Section 59 of Transfer of Property Act, 1882. Court holds that deposit of title deeds with intent to create security is sufficient to create an equitable mortgage, and non-registration does not invalidate the mortgage.

17 Oct 2015

The petitioners, Messrs Eminent Agencies and another, challenged an order dated 28 June 2013 passed by the Debts Recovery Appellate Tribunal (DRAT) in...

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