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High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Allows Writ Petition Challenging SARFAESI Section 14 Order and Possession Notices Due to Lack of Proper Service and Violation of Natural Justice. The court set aside the order under Section 14 of the SARFAESI Act, 2002 and subsequent possession notices as they were passed without notice to the petitioner, who was not a borrower or guarantor.

22 Sep 2022

The petitioner, Satishkumar Surendra Shetty, filed a writ petition before the Bombay High Court challenging an order dated 9 February 2017 passed by t...

High Court

Bombay High Court Dismisses Appeals in Property Dispute, Upholds Concurrent Findings on Declaration, Injunction, and Redemption of Mortgage. Court holds that second appeal under Section 100 CPC cannot be entertained on concurrent findings of fact unless substantial question of law arises.

14 Jun 2019

The judgment pertains to two second appeals arising from the same parties and property. Second Appeal No.477 of 2017 was filed by the original plainti...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

4 Dec 2018

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...

High Court

Bombay High Court Allows Redemption of Mortgage in Second Appeal — Usufructuary Mortgage with Fixed Term of 20 Years and Condition of Return of Possession Upheld. Court holds that a mortgage by conditional sale with a fixed term of 20 years and a stipulation for return of possession after expiry is a simple usufructuary mortgage, and the mortgagor's right to redeem subsists even after the term.

12 Jun 2014

The case involves a second appeal arising from a suit for redemption of mortgage filed by the respondents (plaintiffs) against the appellant (defendan...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent Act in Suit for Recovery of Loan Facilities — Defendant No. 5's Application Allowed as No Cause of Action Arose Within Jurisdiction. Territorial Jurisdiction Under Clause XII of Letters Patent Act, 1866 Requires Cause of Action to Arise Within Court's Limits; Mere Registered Office of Plaintiff Insufficient.

4 Feb 2013

The Plaintiff, Future Corporate Resources Ltd., filed a suit in the Bombay High Court for recovery of short-term loan facilities advanced to Defendant...

High Court

Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

4 Feb 2013

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

High Court

Bombay High Court Allows Revenue's Appeal in Part and Assessee's Appeal on Mortgage Repayment Issue. Repayment of mortgage debt created by the assessee is an expenditure incurred in connection with the transfer of mortgaged asset allowable under Section 48(i) of the Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of repayment...

High Court

Bombay High Court Allows Assessee's Appeal in Income Tax Case Regarding Deduction of Mortgage Repayment Under Section 48(i). The court held that repayment of mortgage debt is an expenditure incurred in connection with transfer of mortgaged asset, allowable under Section 48(i) of Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of mortgage ...

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