Search Results for "collateral security"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "collateral security"

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High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

1 Mar 2017

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Dispute Over Insurance Deficiency — Bank Not Liable for Failure to Insure Hypothecated Assets Where Contract Imposed Primary Obligation on Borrower. The Court held that the bank's liberty to insure did not create a duty, and the borrower's indemnity clause shielded the bank from liability for uncovered losses.

20 May 2020

The appellant, Canara Bank, had extended credit facilities to the respondent, Leatheroid Plastics Pvt. Ltd., since 1980. On 4th January 2001, the bank...

Supreme Court

Supreme Court Allows Defendant's Appeal in Specific Performance Suit Regarding Admissibility of Unregistered Agreement. The Court held that an unregistered agreement to sell, though compulsorily registrable under state amendment, is inadmissible as evidence in a suit for specific performance under Section 49 of the Registration Act, 1908, as it does not serve as evidence of a contract affecting property rights.

10 Apr 2023

The background of the dispute involved a civil suit for specific performance of an agreement to sell dated 10.09.2013, filed by the original plaintiff...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed Not a Sham Transaction. Appellant failed to prove that sale deed dated 3.2.1975 was without consideration or a sham document; concurrent findings of courts below upheld.

3 May 2019

The case involves a property dispute between two brothers, Shashikant Haribhau Bandewar (appellant-plaintiff) and Bhalchandra Haribhau Bandewar (respo...

High Court

Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

7 Feb 2014

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

High Court

High Court of Karnataka Dismisses Appeal of Bank Employee in Disciplinary Proceeding — Upholds Validity of Enquiry and Punishment of Dismissal. Appellant's challenge to disciplinary action on grounds of bias and violation of natural justice fails as court finds no procedural irregularity and punishment proportionate to misconduct.

15 Feb 2023

The appellant, Smt. Prem Latha Uppal, was a Senior Manager in Canara Bank. She was part of a Credit Sanction Committee that sanctioned an Open Cash Cr...

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