Search Results for "DRT Procedure Rules"

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Search Results for "DRT Procedure Rules"

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High Court

Gujarat High Court Dismisses Writ Petition Challenging DRT Order as Time-Barred Under Section 17(1) of SARFAESI Act. Limitation Period of 45 Days for Filing Securitisation Application is Mandatory and Cannot Be Extended by the Tribunal.

23 Mar 2026

The petitioner, M/s. Zen Lifecare Ltd., challenged the orders of the Debt Recovery Tribunal-I, Ahmedabad, dated 20th November 2020 and 6th February 20...

High Court

High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

High Court

High Court of Karnataka Directs Release of Passports in DRT Proceedings - Mandamus Issued for Return of Passports Surrendered Under Section 22(2)(h) of RDB Act. The court held that the DRT has no power to impound a passport and cannot retain it indefinitely, as it infringes on the fundamental right to travel under Article 21.

6 Dec 2023

The petitioner, Nitin Shambhukumar Kasliwal, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the ...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC.

6 Mar 2020

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Kar...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

5 Oct 2018

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

13 Oct 2011

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...

High Court

Bombay High Court Dismisses Writ Petition by Kotak Mahindra Bank Seeking Priority Over Secured Creditors in Liquidation Proceeds of Hukumchand Mills Ltd. The Court held that the Official Liquidator's decision to distribute sale proceeds among secured creditors in accordance with Section 529A of the Companies Act, 1956 was correct and that the petitioner, as an unsecured creditor, was not entitled to priority.

30 Nov -0001

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition challenging the decision of the Official Liquidator of Hukumchand Mills Ltd. to dis...

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