Search Results for "Kotak Mahindra Bank"

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High Court of Karnataka Quashes Stamp Duty Demand on Arbitral Award Passed Outside State — Stamp Duty Payable Only Where Award is Made Under Section 3 of Karnataka Stamp Act, 1957. Arbitral Award Made in Mumbai Not Subject to Karnataka Stamp Duty When Sought to be Executed in Karnataka.

The petitioner, Mahindra & Mahindra Financial Services Ltd, a financial institution, entered into a loan agreement with respondents No. 1 and 2. The a...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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High Court of Bombay Allows Writ Petition Challenging DRT Order on Condonation of Delay in Review Application — Limitation for Review Under Section 17 of Recovery of Debts and Bankruptcy Act, 1993 Governed by Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition under Article 226 of the Constitution of India challenging an or...

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Bombay High Court Upholds Condition of Deposit of 25% Compensation for Suspension of Sentence in Cheque Bounce Cases. Section 148 of Negotiable Instruments Act, 1881 is procedural and applies to pending appeals; condition does not violate Article 21.

The petitioner, Ajay Vinodchandra Shah, was convicted in three separate cases under Section 138 of the Negotiable Instruments Act, 1881 for cheque bou...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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NCLAT Chennai Allows Appeal of Financial Creditor in Insolvency Case, Directs Reconsideration of Resolution Plan. The Tribunal held that the Resolution Professional's failure to include the appellant in the Committee of Creditors and incorrect determination of voting shares violated the IBC, 2016.

The appeal was filed by RBL Bank Limited against the order of the National Company Law Tribunal (NCLT), Chennai, which had approved the resolution pla...