Search Results for "secured creditor possession"

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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...
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Search Results for "secured creditor possession"

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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

High Court

High Court of Karnataka Quashes Adverse Observation in Bank's SARFAESI Application — Magistrate Cannot Make Observations on Validity of Proceedings Under Section 14 of SARFAESI Act, 2002. The Court held that the Magistrate's role under Section 14 is ministerial and not judicial, and any observations on the validity of the secured creditor's proceedings are without jurisdiction.

8 Sep 2025

The petitioner, State Bank of India, filed a writ petition before the High Court of Karnataka at Dharwad seeking to quash certain observations made by...

Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

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 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 Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

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 Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

High Court

Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

17 Dec 2020

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

High Court

Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

16 Jul 2015

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

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