Search Results for "SARFAESI Act"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "SARFAESI Act"

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High Court

Bombay High Court Allows Petition Challenging Rejection of Nomination for Cooperative Society Election — Procedural Irregularity in Returning Officer's Decision. Failure to Provide Reasons and Opportunity to Cure Defect Violates Principles of Natural Justice Under Maharashtra Cooperative Societies Act, 1960.

16 Dec 2025

The petitioner, Banganga Anurag Cooperative Housing Society Limited, a cooperative society registered under the Maharashtra Cooperative Societies Act,...

High Court

High Court of Bombay Decides Commercial Arbitration Petition under Section 9, Arbitration and Conciliation Act, 1996. The petition sought appointment of a Court Receiver to take possession of property in a commercial dispute.

16 Apr 2025

The petitioner, SJK Buildcon LLP, filed a commercial arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996 before the Hig...

Supreme Court

Supreme Court Dismisses Appeals in Corporate Insolvency Case Involving Land Ownership and Development Rights Dispute. Court Upholds NCLAT Order Protecting Licensee's Possession of 10000 Sq.Ft. While Preserving Corporate Debtor's Development Rights as Intangible Assets Under Insolvency and Bankruptcy Code, 2016.

14 Mar 2023

The appeals arose from a common order of the National Company Law Appellate Tribunal dismissing two independent appeals filed against an order of the ...

High Court

High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

14 Dec 2022

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Petitioner Lacks Locus Standi as Borrower's Leasehold Interest Not Affected. The court held that the petitioner, claiming to be the owner of the property leased to the borrower, had no locus standi to challenge the DRT order under Section 17 of the SARFAESI Act, 2002, as the lease was created after the mortgage and the petitioner was not a party to the proceedings.

28 Jan 2019

The petitioner, Sri Rameshchandra, claiming to be the owner of a property, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

Bombay High Court Allows MPID Act Appeal for Return of Seized Property to Accused Pending Trial — Property Not Proceeds of Crime Under MPID Act. Court holds that Section 3 of MPID Act does not authorize continued retention of property not linked to deposits, and directs release of vehicle and cash to appellant subject to conditions.

30 Nov 2017

The Bombay High Court allowed Criminal Appeal No. 813 of 2016 filed by Suresh Raju Shetty, challenging an order of the Designated Court under the Maha...

High Court

Bombay High Court Directs Collector to Provide Administrative Assistance Under Section 14 of SARFAESI Act for Recovery of Secured Assets. Failure to Act Expeditiously on Applications Under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Constitutes Breach of Statutory Duty, Warranting Writ of Mandamus Under Article 226 of the Constitution of India.

28 Jul 2011

The Saraswat Cooperative Bank Limited filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking direct...

High Court

Bombay High Court Directs Magistrate to Implement SARFAESI Order for Bank Possession. Chief Metropolitan Magistrate Bound to Execute Section 14 Order for Taking Physical Possession of Secured Assets with Police Assistance.

10 Jun 2011

The petitioner, Kotak Mahindra Bank Limited, a banking company as defined in Clause 5 of the Banking Regulation Act, 1949, filed a criminal writ petit...

High Court

Bombay High Court Dismisses Writ Petition Challenging Predeposit Condition for Appeal Against Interlocutory Order Under SARFAESI Act. Section 18(1) of SARFAESI Act, 2002 Requires Deposit of 50% of Debt for Any Appeal Under Section 17, Including Interlocutory Orders, and Appellate Tribunal May Reduce to 25%.

16 Nov 2010

The petitioners, M/s Vinay Container Services Pvt. Ltd. and its guarantors, challenged an order of the Debts Recovery Appellate Tribunal (DRAT) which ...

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