Search Results for "Loan Recovery"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Loan Recovery"

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High Court

Bombay High Court Dismisses Writ Petitions Challenging Co-operative Society Recovery Proceedings — Petitioner Failed to Exhaust Statutory Remedy of Appeal Under Section 154 of Maharashtra Co-operative Societies Act, 1960. The court held that writ jurisdiction under Article 226 is not ordinarily exercisable when an alternative statutory remedy is available and no exceptional circumstances exist.

7 Mar 2018

The petitioner, Manisha Bijal Shah, filed two writ petitions under Article 226 of the Constitution of India challenging recovery proceedings initiated...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Matter — No Interference with Possession Notice as Debtor Failed to Discharge Liability. Court Held That Writ Jurisdiction Under Article 226 Cannot Be Used to Circumvent Statutory Remedy Under Section 17 of SARFAESI Act, 2002.

3 Feb 2025

The petitioners, Sri S.V. Ramaswamy, Mrs. Usha Ramaswamy, and R.K. Associates (a partnership firm), filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

26 Oct 2016

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

High Court

High Court of Karnataka Allows Writ Petition Challenging Look Out Circulars Issued by Banks for Loan Recovery — Right to Travel Upheld. Banks Directed to Recall LoCs as Issuance Solely for Civil Debt Recovery Violates Fundamental Rights Under Article 21 of the Constitution of India.

9 Feb 2024

The petitioner, Dr. Bavaguthu Raghuram Shetty, an Indian citizen aged 78 years, filed a writ petition under Articles 226 and 227 of the Constitution o...

High Court

High Court of Karnataka Hears Appeals Against Ejectment Decrees Filed by Tenants — Considers Whether Suits by Auction Purchaser Are Barred by Limitation and Maintainable. Examines Applicability of Limitation Act and Tenancy Principles to Auction Purchaser’s Claim for Possession.

20 Dec 2019

The High Court of Karnataka heard three regular first appeals (RFA Nos. 1926/2013, 1924/2013, and 1925/2013) filed by tenants against decrees of eject...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

High Court

High Court of Karnataka Allows Revision and Appeal in Dishonour of Cheque Cases — Conviction Restored for One Cheque, Acquittal Set Aside for Another. The court upheld the conviction of the accused in one case under Section 138 of the Negotiable Instruments Act, 1881, and set aside the acquittal in another case, holding that the presumption under Section 139 was not rebutted in the first case, while in the second case the debt was time-barred and not legally enforceable.

22 Mar 2025

The judgment involves two connected matters: Criminal Revision Petition No.400/2016 and Criminal Revision Petition No.401/2016 filed by Sri D. Vijay (...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Remands Suit for Fresh Consideration Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination by Lower Appellate Court Renders Judgment Unsustainable.

18 Jan 2010

The appellant, Bhagwan Govind Nagre, filed a second appeal challenging the judgment and order dated 06.06.1994 passed by the learned District Judge, B...

High Court

Bombay High Court Quashes FIR in MPID Act Case — Intercorporate Deposits Not Covered Under MPID Act. Loan advanced by one company to another company registered under Companies Act, 1956 does not constitute a 'deposit' under Section 2(c) of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.

13 Sep 2019

The petitioner, Mr. Ashish Mahendrakar, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal P...

Tribunals

NCLAT Allows Appeal by Financial Creditor in Insolvency Case — Loan Agreement and Default Proven, Adjudicating Authority Erred in Rejecting Application Under Section 7 of IBC, 2016. Loan advanced by NBFC to Corporate Debtor under Facility Agreement constitutes financial debt under Section 5(8) IBC, and Section 7 application filed within limitation period must be admitted.

3 Jul 2025

The present appeal was filed by M/s Lok Sewak Leasing & Investment Pvt. Ltd., a Non-Banking Financial Company (NBFC) registered with the Reserve Bank ...

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