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Search Results for "securitisation application"

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High Court

Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

21 Apr 2026

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

High Court

Madras High Court Allows Revision Petition Against DRAT Order in SARFAESI Act Matter — Petitioner Company Challenges Rejection of Securitisation Application as Not Maintainable. Court Holds That a Borrower Can Maintain a Securitisation Application Under Section 17 of the SARFAESI Act Even After the Underlying Debt Has Been Assigned to an Asset Reconstruction Company, Provided the Borrower Continues to Be an 'Aggrieved Person'.

4 Feb 2026

The petitioner, ETA Engineering Private Limited, a company engaged in HVAC and EPC contracts, had availed financial assistance from the respondent, Ja...

High Court

Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

4 Sep 2023

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Alternative Remedy Before DRT Not Exhausted. Court Held That Writ Jurisdiction Cannot Be Invoked When Statutory Remedy Under Section 17 of SARFAESI Act, 2002 Is Available and Petitioner Has Not Approached the Debt Recovery Tribunal.

7 Sep 2018

The petitioner, M/s. Vibgyor Texotech Ltd., filed a writ petition before the Bombay High Court challenging a possession notice dated 11.5.2018 issued ...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

High Court

Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

17 Nov 2011

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Securitisation Act Notice Against Tenant in Possession of Mortgaged Property. Petitioner failed to establish independent right or title over the secured asset, and the notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was validly served.

20 Mar 2006

The case involves a writ petition filed by Ms. Yukta Mookhey against the Bank of India and others. The background is that Harmonics Fabrics Fashions L...

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