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Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...

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Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...

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Supreme Court Dismisses Appeal in Customs Pre-Deposit Dispute Under Section 129E of Customs Act, 1962. Appellant's Claim for Discretionary Relief Under Pre-Substitution Provision Rejected as Order and Appeal Were Post-Substitution, with Legislative Intent Favoring Fixed Percentage Regime.

The dispute arose from an appeal against the dismissal of a customs appeal due to non-compliance with the pre-deposit requirement under Section 129E o...

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Bombay High Court Allows Writ Petition for Return of Security Deposit in Tender Dispute - Bank Cannot Forfeit Deposit Without Express Contractual Term. Petitioner withdrew offer before acceptance; no concluded contract; Bank directed to refund Rs.25,00,000/- with interest.

The petitioner, M/s. Bholenath Trading Company, a partnership firm, submitted a tender in response to a tender notice dated 9.10.2004 issued by the re...

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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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High Court of Karnataka Upholds 12% Interest Rate on Fixed Deposit After Maturity in Co-operative Society Dispute. Court holds that in absence of contractual rate, interest under Section 34 CPC is applicable, rejecting both 6% and 17% claims.

The case involves two appeals arising from a common order of a learned single Judge of the Karnataka High Court regarding the rate of interest payable...