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Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Appeal Filed.

The Bombay High Court disposed of two writ petitions filed by Haresh Nagindas Vora and Sachin Laxmichand Shah, partners of M/s Bright International, c...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...

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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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High Court of Karnataka Allows Writ Petition Challenging Remand Order in Private Complaint Case. The court held that once cognizance is taken and process issued under Section 204 CrPC, the Magistrate cannot be directed to conduct a re-enquiry under Section 202 CrPC.

The petitioner, Mrs. Jessie Mary Fernandes, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 0...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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Bombay High Court Dismisses Writ Petition Challenging Pre-deposit Condition for Property Tax Appeal. Condition of Full Tax Deposit Under Section 170(c) of Maharashtra Municipal Councils Act, 1965 Held Valid and Not Unconstitutional.

The petitioners, owners of properties within the jurisdiction of Municipal Councils of Hinganghat, Wardha, and Ballarpur, challenged the constitutiona...