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...
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Search Results for "Loan Recovery"

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High Court

Madras High Court Allows Revision Petition Against DRAT Order in SARFAESI Act Matter — Petitioner Company Challenges Rejection of Securitisation Application as Not Maintainable. Court Holds That a Borrower Can Maintain a Securitisation Application Under Section 17 of the SARFAESI Act Even After the Underlying Debt Has Been Assigned to an Asset Reconstruction Company, Provided the Borrower Continues to Be an 'Aggrieved Person'.

4 Feb 2026

The petitioner, ETA Engineering Private Limited, a company engaged in HVAC and EPC contracts, had availed financial assistance from the respondent, Ja...

High Court

Bombay High Court Quashes Recovery Certificate Against Guarantor in Cooperative Bank Loan Fraud Case — Violation of Natural Justice. Failure to Provide Documents and Pass Reasoned Order Renders Recovery Proceedings Invalid Under Maharashtra Cooperative Societies Act, 1960.

2 Jan 2023

The petitioner, Tarulata Amritlal Bava, filed a writ petition under Articles 226 and 227 of the Constitution challenging a Recovery Certificate dated ...

High Court

High Court of Judicature at Bombay Allows Appeals and Sets Aside Interim Injunction Protecting Non-Disposal Shares — Holds that Non-Disposal Agreement Shares were Meant to Secure Recompense Obligation under Loan Purchase Agreement for Shortfall after Sale of Pledged Shares. Assignment of Loan Did Not Extinguish the Loan Purchase Agreement and the Bank Could Enforce the NDA to Recover Shortfall.

3 Dec 2015

The appeals arose from a suit filed by United Breweries (Holdings) Limited (UBHL) and Kingfisher Finvest (India) Limited against ICICI Bank Limited an...

High Court

Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

25 Apr 2005

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a group of pe...

High Court

Bombay High Court Directs Conditionally Leaves to Defend for Guarantors in Summary Suit, Rejecting DRT Jurisdiction and IBC Moratorium Claims. A Non-Banking Financial Institution's Summary Suit Against Guarantors is Maintainable Under Order XXXVII CPC, and Section 14 IBC Moratorium Does Not Bar Proceedings Against Guarantors.

28 Nov 2017

The plaintiff, a non-banking financial institution, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against two guarantor...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Karnataka High Court Allows Appeal in Recovery Suit, Reduces Interest Rate from 23% to 6% p.a. for Money Lending Transactions. Court Held That Charging 23% Interest Was Unconscionable and Excessive Under Section 34 CPC, and Reduced It to 6% p.a. Simple Interest.

1 Dec 2015

The plaintiff, G.R. Shet, proprietor of M/s Shet & Co., filed a suit for recovery of money against M/s Bawa Enterprises (a partnership firm) and its p...

High Court

High Court of Karnataka Allows Appeal in KSFC Recovery Case — Interest Rate Reduced from 16.5% to 10% per annum. Court held that the rate of interest awarded by the trial court was excessive and reduced it to 10% per annum from the date of petition till realization, exercising discretion under Section 34 of CPC read with Section 32(9) of the State Financial Corporations Act, 1951.

3 Mar 2017

The appeal was filed by the borrowers (M/s. Cozy Polystone (P) Ltd. and its directors) against the order dated 02.11.2012 passed by the XXXVII Additio...

High Court

Bombay High Court Dismisses Challenge to Remand Order in Recovery Certificate Proceedings Under Section 101 of Maharashtra Co-operative Societies Act Due to Absence of Final Adjudication. Section 101 Recovery Proceeding Remand Upheld as the Court Finds No Final Determination on Genuineness of No Dues Certificate Warrants Interference.

25 Oct 2023

The writ petitions challenged orders dated 31 December 2021 passed by the Divisional Joint Registrar, Co-operative Societies, allowing revision applic...

High Court

High Court of Karnataka Allows Appeal by KSFC Against Dismissal of Recovery Petition as Barred by Limitation. Surety Liability Not Extinguished by Company's Liquidation Under Section 31(1)(aa) of State Financial Corporations Act, 1951.

27 Feb 2025

The appellant, Karnataka State Industrial Investment and Development Corporation (now KSIDC), filed an appeal under Section 32(9) of the State Financi...

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