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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.

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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Madras High Court Dismisses Writ Petition Challenging SARFAESI E-Auction Sale Notice for Lack of Maintainability. Statutory Remedy Under Section 17 of SARFAESI Act Held to Be Effective Alternative, Barring Writ Jurisdiction Under Article 226.

The petitioners, C.Shanmuga Sundaram and others, filed a writ petition under Article 226 of the Constitution of India before the Madras High Court cha...

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Bombay High Court Dismisses Appeals of Retired Employees Against Cooperative Bank's SARFAESI Recovery Proceedings. Employees Held Not to Be 'Borrowers' and Lack Locus Standi to Challenge Auction Sale Without Payment of Dues.

The judgment pertains to a batch of Letters Patent Appeals filed by retired employees of Shamrao Vithal Cooperative Bank Ltd. against the dismissal of...

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Bombay High Court Quashes GCZMA Demolition Order for Lack of Quorum and Violation of Natural Justice. Petitioner's 18 rooms saved as sub-committee meeting with only 4 members violated requirement of 5 members for cases directed by High Court.

The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02...

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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.

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...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...