Search Results for "Defaulters"

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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...
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Search Results for "Defaulters"

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High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Pre-deposit Not Required at Condonation of Delay Stage. The court ruled that Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not mandate pre-deposit before considering an application for condonation of delay in filing an appeal under Section 20 of the Act.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 passed by the Debt Recovery Appellate Tribunal (DRA...

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

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case. Loan Agreement and Mortgage by Deposit of Title Deeds Established Prima Facie Case for Interim Relief Under Section 9 of the Arbitration and Conciliation Act, 1996.

4 Sep 2015

The petitioner, Aditya Birla Finance Limited, a non-banking finance company, filed a petition under Section 9 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — No Ground to Set Aside Sale After Certificate Issued and No Appeal Filed.

27 Feb 2023

The petitioners, Si2 Microsystems Pvt. Ltd. and its director Sanjay Vedaprakash Soni, availed a cash credit facility of Rs. 10 crores and a term loan ...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

28 Mar 2014

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

High Court

Bombay High Court Quashes Disqualification of Director in Cooperative Society Case — Loan Default Not Proven as Wilful Default Under MCS Act. Disqualification under Sections 73(CA)(1)(i) and 78(A)(1)(b) of Maharashtra Co-operative Societies Act, 1960 set aside as petitioner had cleared arrears and no notice or opportunity was given before disqualification.

7 Aug 2018

The petitioner, Umesh Mukundrao Apte, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order dated ...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Section 21 Not Applicable at Condonation Stage. The court ruled that the pre-deposit requirement under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 applies only at the stage of entertainment of appeal, not at the stage of considering an application for condonation of delay.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 of the Debt Recovery Appellate Tribunal (DRAT), Mum...

High Court

High Court of Karnataka Quashes Disqualification of Director in Co-operative Society Case — Loan Repayment Before Election Cures Default. Section 29-C(1)(a) of Karnataka Co-operative Societies Act, 1959 requires disqualification only if loan is overdue on date of election; subsequent repayment removes disqualification.

14 Jun 2024

The petitioner, Sri G Nagaraju, was elected as a Director of the Janagere Primary Agricultural Credit Co-operative Society Ltd. (Respondent No. 4) on ...

High Court

Bombay High Court Dismisses Petition Challenging SEBI Recovery Proceedings and Civil Imprisonment Order for Non-Payment of Dues. Recovery Officer's Order for Arrest and Detention of Defaulter Under Section 28A of SEBI Act, 1992 Upheld as Valid Exercise of Powers.

10 Mar 2015

The petitioner, Vinod Hinigorani, filed a writ petition under Article 226 of the Constitution of India challenging the validity of orders dated 18.12....

High Court

Bombay High Court Dismisses Writ Petitions Against SARFAESI Proceedings by DBS Bank — Foreign Bank Not Required to Register Under Section 2(1)(c) of SARFAESI Act for Enforcement of Security Interest. The court held that a foreign bank with a branch in India is a 'bank' under Section 2(1)(c) read with the Banking Regulation Act, 1949, and can enforce security interest under Section 13 of the SARFAESI Act.

30 Nov -0001

The judgment involves two writ petitions: Writ Petition No. 1338 of 2016 filed by Narendra Plastic Private Limited and Neemit Punamiya against DBS Ban...

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