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Madras High Court Dismisses Writ Petition Challenging Bank's Set-off of Fixed Deposit Against Loan Default Under SARFAESI Act. Bank's Right to Set-off Margin Money Fixed Deposit Against Outstanding Loan Upheld as Contractual and Statutory Right Under Section 171 of Contract Act and SARFAESI Act.

The writ petitioner, M/s Chithra Agencies Private Limited, an authorized dealer of Castrol India Ltd., availed cash credit facility from Canara Bank, ...

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Supreme Court Dismisses Home Loan Borrower's Appeal Against HDFC in Interest Rate Dispute — Adjustable Rate of Interest Determined by Lender's Policy, Not RBI's Prime Lending Rate. Pre-contractual Assurance Cannot Override Express Terms of Loan Agreement Under Consumer Protection Act.

The appellant, a home loan borrower, filed a consumer complaint against HDFC Ltd. alleging that the bank had unilaterally increased the interest rate ...

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Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

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Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a group of pe...

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Bombay High Court Allows SICOM's Petition Against Guarantors Under Section 31(1)(aa) of SFC Act for Recovery of Loan Default. Guarantors Held Liable Under Unconditional Guarantee Deed for Repayment of Term Loan.

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a petition un...