Search Results for "Defaulters"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Defaulters"

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High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sale Confirmation in Debt Recovery Proceedings — Auction Sale Valid Despite Alleged Irregularities Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Inadequacy of Price Not Sufficient to Set Aside Sale Unless It Shocks Conscience; No Substantial Injury Proved.

24 Nov 2010

The petitioners, Asha Mehta and another, were judgment debtors against whom Allahabad Bank had obtained a decree for recovery of Rs.33.51 crores with ...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

High Court

Bombay High Court Allows Appeal by Multi Commodity Exchange in Recovery Suit — Limitation Runs from Declaration of Defaulter Under Exchange Rules. Suit for recovery of membership dues filed within three years of declaring member as defaulter on 8 March 2018 is within limitation, reversing trial court's dismissal.

13 Mar 2025

The appellant, Multi Commodity Exchange of India Ltd. (MCX), filed a Commercial First Appeal against the judgment dated 8 March 2022 of the City Civil...

Supreme Court

Supreme Court Hears Civil Appeals Against SEBI's Attachment Orders – Appellants Challenge Levy of Retrospective Interest on Penalty Without Express Provision in Adjudication Order. The core question was whether the Recovery Officer could demand interest at 12% p.a. from the date of original adjudication orders under Section 28A SEBI Act read with Section 220 Income Tax Act in absence of a prior direction for interest, and whether Explanation 4 inserted in 2019 applies retrospectively to pre-existing orders.

26 Jul 2026

The appeals arose from the dismissal by the Securities Appellate Tribunal of challenges to attachment notices issued by the Securities and Exchange Bo...

High Court

Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

22 Jan 2025

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Debt Recovery Tribunal Has Exclusive Jurisdiction Under RDDB Act, 1993, and Arbitration Clause Cannot Oust It.

8 Mar 2016

The Bombay High Court dismissed a writ petition filed by Harvestdeal Securities Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRA...

High Court

Bombay High Court Examines Challenge to Final Voters List in Cooperative Society Election. Court Considers Whether Non-Payment of 1% Supervision Charges Constitutes Default Disqualifying Member Societies from Voting Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

1 Aug 2022

This writ petition was filed by 18 cooperative societies, all members of Amravati Jilha Majur Sahkari Sansthancha Sangha Maryadit (respondent No.2), a...

High Court

Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

9 Mar 2015

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

High Court

High Court Dismisses Appeal in MPID Act Attachment Case, Upholding Lower Court's Rejection of Stay Application Based on IBC Moratorium. Attachment Proceedings Under Section 8 MPID Act Not Stayed as They Aim to Protect Depositors' Interests, Not Recover Debt, and Do Not Overlap with Insolvency Proceedings Under IBC.

10 Mar 2026

The appeal arose from an order dated 4th November 2023 passed by the Special Judge (MPID), City Civil & Sessions Court, Greater Bombay, rejecting ...

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