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High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

Supreme Court

Supreme Court Allows Appeal Against Madras High Court Decision on Validity of Security Bond and Priority in Rateable Distribution. Charge Created by Security Bond Held Valid Despite Lack of Attestation; Decree Holder Entitled to Priority Under Section 73(1) Proviso (c) Code of Civil Procedure.

4 Feb 1969

The appellant (M. L. Abdul Jabhar Sahib) instituted C.S. No. 56 of 1953 on the Original Side of the Madras High Court against Hajee Ahmed Batcha for r...

High Court

Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

10 Jul 2019

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

High Court

Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

30 Nov -0001

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

Supreme Court

Supreme Court Dismisses Challenge to Enforcement of Foreign Award on Grounds of Arbitrator Bias — Upholds High Court Order. Alleged Conflict of Interest of Presiding Arbitrator Not Sufficient to Refuse Enforcement Under Section 48(2)(b) of Arbitration and Conciliation Act, 1996.

4 Mar 2024

The Supreme Court dismissed appeals challenging the enforcement of a foreign arbitral award. The dispute arose from a Share Subscription Agreement bet...

High Court

Bombay High Court Dismisses Petition to Amend Scheme for Parsee Panchayat Trust Elections. Court holds that proposed amendments to the Anjuman Committee composition are not in the interest of the trust and would alter the fundamental structure of the scheme.

1 Apr 2005

The present petition was filed by Mr. Minoo Rustomji Shroff and others seeking modification of the scheme for the election of trustees of the Parsee P...

High Court

High Court Examines Bar of Civil Court Jurisdiction in SARFAESI Proceedings and Rejection of Plaint Under Order VII Rule 11(d) CPC. The judgment addressed whether allegations of non-issuance of Section 13(2) notice permit civil court suit despite Section 34 of SARFAESI Act, 2002, and reviewed trial court's rejection of bank's application.

23 Apr 2021

By way of a civil revision application under the Code of Civil Procedure, 1908, the High Court of Judicature at Bombay, Aurangabad Bench, reviewed an ...

Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Regarding Security Interest and Pledge of Shares — NCLAT Order Set Aside. The Court held that the Corporate Debtor's creation of security by way of pledge of shares of its subsidiary in favour of the appellants constituted a valid security interest under the Insolvency and Bankruptcy Code, 2016, and the moratorium under Section 14 does not bar the enforcement of such security by a secured creditor.

24 Aug 2020

The present appeal arises from an order of the National Company Law Appellate Tribunal (NCLAT) dated 24.08.2020, which dismissed the appeal filed by t...

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