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Search Results for "DRAT order"

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High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Case — Petitioner Failed to Show Any Error in DRT's Refusal to Set Aside Auction Sale. Court Held That DRT's Order Was Not Without Jurisdiction and That the Petitioner Had an Alternative Remedy of Appeal Under Section 18 of SARFAESI Act.

19 Aug 2016

The petitioner, Asset Reconstruction Company (India) Limited, acting as trustee of Arcil-SBPS-024-I Trust, filed a writ petition under Article 226 of ...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

High Court

High Court Dismisses Writ Petition Against DRAT Order Upholding Rejection of Application to Set Aside Auction Sale Under Rule 60 of Second Schedule to Income Tax Act. Court Holds That Subsequent One Time Settlement Between Judgment Debtor and Secured Creditor Does Not Defeat Auction Purchaser's Rights After Sale Certificate Issuance.

7 Feb 2018

The petitioner, a judgment debtor in recovery proceedings, challenged the order of the Debts Recovery Appellate Tribunal (DRAT) which had upheld the r...

High Court

Bombay High Court Quashes Civil Imprisonment Order Against Guarantor in DRT Recovery Proceedings — Failure to Comply with Section 30 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Court holds that Recovery Officer cannot order arrest without issuing a show-cause notice and giving an opportunity of hearing as mandated by the Act.

11 Apr 2017

The petitioners, including Panther Fincap & Management Services Limited and three individuals, were aggrieved by an order dated 31 May 2007 passed by ...

High Court

High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

5 Oct 2018

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

High Court

Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

28 Aug 2017

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

High Court

Bombay High Court Allows Guarantor's Petition in RDB Act Execution Case — Notice Under Section 31A Mandatory. Failure to Serve Notice on Judgment Debtors Before Issuing Recovery Certificate Violates Natural Justice and Section 31A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

14 Jun 2017

The petitioner, Dr. Sudhakar Borkar, was a guarantor to a loan taken by respondent No.5 (M/s R & S Enterprises) from respondent No.1 (State Bank of In...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders in Debt Recovery Proceedings — Maintainability of Writ Petitions Under Article 227 Against Interlocutory Orders of DRT Discussed. The court held that writ petitions under Article 227 are not maintainable against interlocutory orders of DRT when an alternative remedy of appeal under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 is available.

4 Feb 2014

The case involves a batch of writ petitions filed by United Breweries (Holdings) Limited and others against various banks including State Bank of Indi...

High Court

Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

1 Dec 2016

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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