Search Results for "SARFAESI Act"

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Search Results for "SARFAESI Act"

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High Court

High Court of Karnataka Reviews Order Directing Liquidator to Accept Sale Proceeds in Insolvency Case. Insolvency and Bankruptcy Board of India Challenges Writ Order Alleging Irregularities in Auction Process Under IBC.

15 Dec 2025

The review petition was filed by the Insolvency and Bankruptcy Board of India (IBBI) under Section 114 read with Order XLVII Rule 1 of the Code of Civ...

Tribunals

NCLAT Dismisses Appeal Against Admission of Section 7 IBC Application — Challenge to Assignment Agreement Pending in Civil Court Does Not Bar CIRP Initiation. The Appellate Tribunal held that the pendency of a civil suit challenging the assignment agreement does not preclude the Adjudicating Authority from admitting a Section 7 application under the Insolvency and Bankruptcy Code, 2016, as the assignment is valid until set aside.

8 Jul 2024

The National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, dismissed an appeal filed by Paras Builders and Promoters against an ...

High Court

Bombay High Court Allows Writ Petition of Asset Reconstruction Company in SARFAESI Act Matter — DRAT Order Setting Aside Condonation of Delay Quashed. The Court held that the guarantor's delay in filing claim affidavit was not inordinate and the DRT's discretion to condone delay should not have been interfered with, ensuring adjudication on merits.

29 Oct 2020

The petitioner, International Asset Reconstruction Co Pvt Ltd, an asset reconstruction company acting as trustee of IARC-BOB-01/07 Trust, filed a writ...

High Court

High Court of Karnataka Kalaburagi Bench Adjudicates Batch of Writ Petitions Seeking Striking Down of Section 28A(5) and 28-B(2) of the Co-operative Societies Act and Quashing of Government Order. Petitioners included members and elected office bearers of co-operative societies, challenging the constitutional validity and workability of the provisions.

16 Oct 2020

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Supreme Court

Supreme Court Closes Contempt Petitions Against Alchemist for Non-Payment of Rs. 4.5 Crores to Kotak Mahindra Bank, Directs Payment Subject to High Court Determination. The Court held that the order dated 07.05.2012 was binding until modified, and Alchemist's failure to pay constituted disobedience, but since the amount was deposited, no contempt action was taken.

23 Sep 2019

The Supreme Court of India disposed of contempt petitions filed by Kotak Mahindra Bank Limited (KMBL) against Alchemist Assets Reconstruction Company ...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Company's Ability to Secure Debt. Section 434(1)(a) of Companies Act, 1956 Requires Creditor to Consider Offer of Security Before Deeming Company Unable to Pay Debts.

7 Sep 2018

The appeal was filed by Stonemann Royale Limited against an order dated 19 March 2018 made by the learned Company Judge admitting and ordering adverti...

High Court

Bombay High Court at Goa Quashes FIRs Against University Officials for Alleged Criminal Defamation and Intimidation — Statements Made in Official Capacity Not Constituting Offence Under Sections 499, 500, 506 IPC. Statements made by Registrar and Dean of Goa University in discharge of official duties are protected under Exception 9 of Section 499 IPC as they were made in good faith for the protection of the interests of the University.

27 Jun 2018

The Bombay High Court at Goa, by a common judgment dated 27 June 2018, allowed two criminal writ petitions filed by Prof. Y. V. Reddy, Registrar of Go...

High Court

Bombay High Court Quashes FIR and Section 156(3) Order in Stockbroker-Client Dispute. Dispute over share transactions held to be civil, not criminal, under Section 409 IPC.

5 May 2017

The petitioners, Nirmal Bang Securities Private Limited (a stockbroking company) and its directors, filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRAT's Pre-Deposit Order Under SARFAESI Act. Pre-deposit of 30% of Amount Due Under Section 18(1) of SARFAESI Act is Mandatory and DRAT Has No Discretion to Waive It.

15 Nov 2011

The petitioner, Shree Vindhya Paper Mills Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 4 November 2011, which requir...

High Court

Bombay High Court Allows Conditional Deposit in SARFAESI Appeal — Petitioner Directed to Deposit Rs. 1,50,000 for Entertainment of Appeal. The Court held that upon deposit, the Debt Recovery Tribunal must entertain the appeal and decide it on merits, with the deposited amount subject to the outcome.

14 Jan 2010

The petitioner, Ramkrushna Mahadev Bhumbar, a retired individual, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the ac...

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