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Bombay High Court Directs Magistrate to Implement SARFAESI Order for Bank Possession. Chief Metropolitan Magistrate Bound to Execute Section 14 Order for Taking Physical Possession of Secured Assets with Police Assistance.

The petitioner, Kotak Mahindra Bank Limited, a banking company as defined in Clause 5 of the Banking Regulation Act, 1949, filed a criminal writ petit...

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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Bombay High Court at Goa Upholds District Judge's Finding on Date of Possession in Land Acquisition Execution — Possession of Land Taken on 19/10/1979 and Structures on 23/09/1981 Based on Documentary Evidence.

The petitioners, decree holders, challenged the order of the District Judge, South Goa, dated 24/03/2003 in Execution Application No. 14 of 1997. The ...

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Supreme Court Dismisses Appeal Against Impounding of Agreement to Sell for Stamp Duty Under Bombay Stamp Act. Agreement to Sell Deemed Conveyance Under Explanation I to Article 25 of Schedule I of Bombay Stamp Act, 1958 Even When Possession Agreed to Be Transferred After Sale Deed Execution.

The appellant, Ramesh Mishrimal Jain, filed a suit for specific performance of an agreement to sell dated 03.09.2003 in respect of a property in Khed,...

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Bombay High Court Allows Petition in Cooperative Housing Society Dispute — Developer Directed to Pay Occupation Charges and Hand Over Possession of Amenity Space. Society's claim for amenity space upheld under Maharashtra Cooperative Societies Act, 1960 and Development Control Regulations.

The petitioner, Shivraj Nagar Co-op. Hsg. Soc. Ltd., a cooperative housing society, filed a writ petition against the developer, M/s. Mexttech Realty ...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...