Search Results for "security deposit"

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Search Results for "security deposit"

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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

High Court

Bombay High Court Dismisses Licensee's Petition Challenging Eviction Order Under Maharashtra Rent Control Act — Licensee Cannot Claim Right to Continue Occupation After Expiry of License Term. The Court held that a licensee must vacate upon expiry of the license period and cannot resist eviction by claiming additional security deposit or improvements without proof.

5 May 2026

The Petitioner, Mohammed Arbaaz Aziz Farooqui, was a licensee of Flat No. 143, B-Wing, 14th floor, Heera Panna CHS, Tulsiwadi, Mumbai, under a registe...

Supreme Court

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

9 Sep 2024

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

Supreme Court

Supreme Court Validates NCLAT's Ruling on Financial Debt Classification under IBC. Global Credit Capital Limited and others deemed financial creditors in Mount Shivalik Industries Ltd. insolvency case.

25 Apr 2024

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal (NCLAT), confirming that the appellants are financial creditors u...

Supreme Court

Supreme Court Dismisses Appeal of Private Security Agency Against EPF Coverage — Security Guards Held Employees of Agency, Not Clients. The court held that a private security agency providing security guards on payment basis is covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, as it renders expert services under G.S.R. 805 dated 17.05.1971.

2 Dec 2020

The appellant, M/s. Panther Security Service Private Limited, is a private security agency registered under the Private Security Agencies (Regulation)...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract Found. Tender Conditions Required Execution of Formal Agreement, Which Never Occurred.

3 Sep 2014

The appellant, Kalpataru Properties Pvt. Ltd., filed a suit for specific performance against respondent No.1, Majithia Nagar Co-operative Housing Soci...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

High Court

Bombay High Court Dismisses Section 9 Petition for Interim Relief in Arbitration Dispute Over Lease Deposit Refund. Court holds that a claim for refund of a deposit is a monetary claim and cannot be secured by way of interim measure under Section 9 of the Arbitration and Conciliation Act, 1996 unless there is a specific agreement or clear evidence of intention to create a charge.

7 May 2012

The petitioner, BNP Paribas Securities India Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim...

High Court

Bombay High Court Allows Writ Petition for Return of Security Deposit in Tender Dispute - Bank Cannot Forfeit Deposit Without Express Contractual Term. Petitioner withdrew offer before acceptance; no concluded contract; Bank directed to refund Rs.25,00,000/- with interest.

26 Apr 2006

The petitioner, M/s. Bholenath Trading Company, a partnership firm, submitted a tender in response to a tender notice dated 9.10.2004 issued by the re...

High Court

Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Arbitrator Directed. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seek...

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