Search Results for "Security Interest Enforcement"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Security Interest Enforcement"

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High Court

High Court of Karnataka Allows Appeal by Union Bank of India in SARFAESI Act Matter — Endorsement Declining One-Time Settlement Not a 'Decision' Under Section 17(1) of SARFAESI Act, 2002. Writ Petition Challenging Bank's Endorsement Held Not Maintainable Due to Alternative Remedy Before DRT.

29 Nov 2024

The case involves a writ appeal filed by Union Bank of India (appellants) against an order dated 02.05.2023 passed by a learned Single Judge of the Ka...

High Court

High Court of Bombay Allows Secured Creditor's Appeal Against Direction to Deposit Title Deeds in Insolvency — Official Assignee Cannot Demand Title Deeds Without Adjudication of Mortgage Validity Under Presidency Towns Insolvency Act, 1909.

25 Feb 2019

The appeal was filed by Punjab National Bank (the appellant) against an order of a learned Single Judge of the Bombay High Court in Official Assignee'...

High Court

Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

30 Nov -0001

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958.

19 Aug 2022

The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of ...

High Court

High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

7 Jun 2011

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

High Court

Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

4 Oct 2024

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

High Court

Bombay High Court Examines Challenge to Orders Declaring Sale Deeds Void Under Maharashtra Money Lending (Regulation) Act, 2014. Court Considers Maintainability of Writ Petition Despite Alternate Remedy Under Section 9, Where Civil Court Had Already Held Transaction Was Sale Not Mortgage by Conditional Sale.

15 Nov 2022

The judgment provided is from the High Court of Judicature at Bombay, Bench at Aurangabad, in Writ Petition No. 6581 of 2022, decided by a single judg...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

High Court

High Court of Karnataka Allows Second Appeal in Injunction Suit — Rejection of Plaint Set Aside. Plaint Discloses Cause of Action and Is Not Barred by Limitation Under Order VII Rule 11(d) CPC.

26 Jul 2024

The appellant, M/s. Shree Garodi Steels, filed a suit for permanent injunction against the respondent, M/s. Yojaka India Private Ltd., in O.S. No. 739...

High Court

High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

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