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...
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Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
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Search Results for "Securitisation"

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High Court

High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

7 Aug 2023

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

High Court

High Court Dismisses Writ Petition Challenging Recall of Credit Facilities and SARFAESI Notice — Alternative Remedy Available. Petitioner's challenge to recall of credit facilities and SARFAESI notice dismissed as not maintainable due to availability of alternative remedy under Section 17 of SARFAESI Act.

8 Aug 2022

The petitioner, M/s Nitesh Residency Hotels Pvt. Ltd., a heavy borrower, filed a writ petition under Articles 226 and 227 of the Constitution of India...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

High Court Quashes Deputy Commissioner's Order Staying SARFAESI Proceedings — Deputy Commissioner Cannot Review or Stay Section 14 Order Under SARFAESI Act, 2002. The Deputy Commissioner acted without jurisdiction by entertaining a borrower's representation and staying an order passed under Section 14 of the SARFAESI Act, 2002.

12 Oct 2022

The petitioner, DCB Bank Limited, had lent money to one A.C. Santhosh, who defaulted on loan repayments, causing the account to become a non-performin...

High Court

High Court of Karnataka Dismisses Petition Challenging Bank's E-Auction and Withdrawal of OTS in SARFAESI Act Matter — No Writ of Mandamus to Compel Acceptance of One Time Settlement. The court held that a writ petition under Article 226 is not maintainable against a private bank in contractual matters and that the bank's discretion to accept or reject an OTS cannot be compelled by writ.

14 Dec 2022

The petitioner, M/s Rima Transformers and Conductors Pvt Ltd, a private limited company, availed a credit facility of Rs. 18 crores from Canara Bank. ...

Supreme Court

Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

1 Jan 2026

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

High Court

Karnataka High Court Dismisses Petitioner's Challenge to SARFAESI Sale Notice as Infructuous. Sale Notice Became Redundant and Objections to Demand Notice Already Replied by Bank, No Further Relief Granted.

1 Jul 2020

The petitioner, M/s Sri Guru Raghavendra Agro Foods Rice Mill, a partnership firm represented by its partner Y. Sharanappa Shetty, filed a writ petiti...

High Court

High Court Dismisses Appeal Against SARFAESI Action — No Interference with Bank's Possession Under Section 14 of SARFAESI Act, 2002. Writ Petition Challenging District Magistrate's Order Under Section 14 of SARFAESI Act, 2002 Dismissed Due to Availability of Alternative Remedy Under Section 17 of the Act.

10 Jul 2020

The appellants, a partnership firm and its partners, were engaged in the manufacture and trade of Sponge Iron. They had obtained financial assistance ...

High Court

High Court of Karnataka Quashes Magistrate's Order for Appointment of Receiver in DRT Proceedings — Lack of Jurisdiction and Non-Compliance with Section 14 of SARFAESI Act. The court held that the Magistrate cannot appoint a receiver for property not in possession of the borrower and that the remedy under SARFAESI Act is exclusive.

28 Jan 2019

The petitioner, Sri Rameshchandra, claimed to be the owner of a property that was leased out to the second respondent, Sri P. Ravikumar. The first res...

High Court

Madras High Court Allows Writ Petition of Auction Purchaser Against Bank for Delivery of Possession Under SARFAESI Act. Bank's Failure to Hand Over Vacant Possession After Sale Confirmation Constitutes Dereliction of Duty Enforceable Under Article 226.

5 Jun 2026

The petitioner, Vijayanand Srinivasan, an auction purchaser, filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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