Search Results for "hypothecation"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "hypothecation"

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Supreme Court

Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

1 Jan 2026

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

Supreme Court

Supreme Court Allows Appeal by NEDFI in Arbitration Award Execution Case — Guarantor's Liability Upheld Despite Non-Registration of Mortgage. Personal liability under deed of guarantee is independent of mortgage enforceability; award can be executed against guarantor under Section 36 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The case involves an appeal by North Eastern Development Finance Corporation Ltd. (NEDFI) against M/s L. Doulo Builders and Suppliers Co. Pvt. Ltd. Th...

High Court

High Court of Bombay at Goa Allows Second Appeal in Land Dispute — Appellants' Possession and Cultivation Rights Upheld Over Respondent Company's Claim of Title. The Court held that the appellants, as original defendants, had established their possession and cultivation of the suit land for decades, and the respondent company failed to prove its title or possession, thereby reversing the appellate decree and restoring the trial court's dismissal of the injunction suit.

24 Jan 2014

The case involves a second appeal filed by the original defendants (appellants) against the judgment of the first appellate court which decreed a suit...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case — Lender Entitled to Interim Measures to Secure Repayment of Outstanding Amount. The court held that where a borrower defaults and the loan agreement provides for repossession, the lender is entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, including appointment of receiver and injunction to prevent alienation of assets.

18 Dec 2013

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures agains...

High Court

High Court of Bombay at Nagpur Allows Appeal in Loan Recovery Case — Suit for Recovery of Loan Secured by Registered Charge Governed by Article 62 of Limitation Act, 1963. The court held that a suit for recovery of loan secured by a registered charge on property is governed by Article 62 of the Limitation Act, 1963, which provides a 12-year limitation period from the date the money becomes due, and not by Article 19 or 37.

13 Feb 2006

The appellant, State Bank of India, filed a suit for recovery of Rs. 16,179.49 against the respondents, Ramkrishna and Himmatrao Sakharkar, based on a...

High Court

Bombay High Court Upholds Pre-Deposit Condition for Appeal Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — Section 21 Mandates Deposit of 75% of Debt Amount Before Entertaining Appeal. The Court declined to interfere with the Appellate Tribunal's order directing 50% deposit, as the order was within the Tribunal's discretion and the petitioners had an alternative remedy.

12 Aug 2005

The petitioners, Ashish Mines & Minerals and others, were borrowers who had availed credit facilities from the Central Bank of India in 1985, includin...

High Court

Bombay High Court Allows Financial Institution to Recover Debt Under IRBI Act, 1984 — Rejects Borrower's Challenge to Section 13(1) Notice. Court holds that notice under Section 13(1) of the Industrial Reconstruction Bank of India Act, 1984 is valid and enforceable, and the borrower's objections regarding limitation and non-compliance are not sustainable.

7 Jun 2005

The petitioner, Industrial Investment Bank of India Ltd., a financial institution under the Industrial Reconstruction Bank of India Act, 1984, filed a...

Tribunals

NCLAT Dismisses Indian Bank's Appeals in Insolvency Case — Income Tax Refund Held as Part of Corporate Debtor's Assets, Not Subject to Set-off by Bank. The Tribunal upheld the liquidator's right to recover the refund amount, ruling that the bank's claim of set-off under Section 14 of IBC was not maintainable after moratorium.

10 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) dismissed two appeals filed by Indian Bank challenging orders dated 19.12.2024 passed by the Natio...

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

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 ...

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