Search Results for "Securitisation"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Securitisation"

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High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Proceedings Against Guarantors — Guarantors Not Entitled to Pre-Deposit Under Section 17(2) of SARFAESI Act, 2002. The court held that a guarantor is a borrower under Section 2(1)(f) of the SARFAESI Act, 2002, and can be proceeded against under Section 13(2), but the pre-deposit requirement under Section 17(2) does not apply to guarantors.

30 Nov -0001

The judgment involves four writ petitions filed by members of the Shegur family against Vikas Co-operative Bank Ltd. and Bank of Maharashtra. The peti...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

21 Nov 2025

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

High Court

Bombay High Court Upholds Pre-deposit Condition for Appeal Under Section 406(2)(e) of Maharashtra Municipal Corporation Act, 1949 — Condition Not Arbitrary or Unreasonable. The provision requiring deposit of disputed tax as precondition for appeal is valid and does not violate Article 14 of the Constitution.

16 Jan 2014

The petitioner, Walchandnagar Industries Limited, challenged the constitutional validity of Section 406(2)(e) of the Bombay Provincial Municipal Corpo...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

23 Dec 2025

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

High Court

Bombay High Court Dismisses Decree Holder's Application to Implead Auction Purchaser in Execution Proceedings — Order VI Rule 17 CPC Application Rejected as Execution is Not a 'Trial' and Amendment Would Change Nature of Suit

1 Dec 2025

The petitioner, Sangli Zilla Parishad Employees Co-operative Credit Society Limited, had advanced a loan to respondent no.1, Ninaidevi Sahakari Sakhar...

High Court

Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

9 Mar 2015

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

High Court

High Court of Bombay at Nagpur Allows Bank's Petition Against Registrar's Refusal to Register Original Application in Debt Recovery Case. Registrar's Role is Ministerial and Cannot Decide Tenability Under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993.

23 Mar 2015

The petitioner, Bank of India, a nationalized bank, had granted financial assistance to a limited company, with Ms. Avantika Chauhan as a guarantor. T...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Act Notice and Receiver Appointment. Court upholds validity of Section 13(2) notice and appointment of receiver, finding no violation of principles of natural justice and dismissing petition due to alternative remedy under Section 17 of SARFAESI Act.

15 Jul 2015

The petitioner, Kingfisher Airlines Limited, challenged the notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial As...

High Court

Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

21 Dec 2015

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

High Court

Bombay High Court Dismisses Appeal by Secured Creditor IDBI in Company Petition for Oppression and Mismanagement — Upholds CLB Order Refusing Interim Relief. Court holds that a secured creditor cannot maintain a petition under Sections 397 and 398 of the Companies Act, 1956 for alleged mismanagement, as the remedy lies under the SARFAESI Act or other recovery laws.

30 Nov -0001

The case involves an appeal by Industrial Development Bank of India Ltd. (IDBI), a secured creditor, against an order of the Company Law Board (CLB) r...

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