Search Results for "Refund Recovery"

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Search Results for "Refund Recovery"

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High Court

Madras High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Upholds Refund of Withheld EPF/ESI Amounts but Remits Liquidated Damages Issue for Reconsideration. The court held that the rejection of liquidated damages claim was patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996, while the award of refund of EPF/ESI deductions was not against public policy.

2 Jan 2026

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 01.07.2019. Th...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeals Against State Commission Order in Consumer Execution Proceedings. The Commission set aside the common order dated 11.09.2024 and remanded the matter for fresh consideration of execution applications under Sections 25 and 27 of the Consumer Protection Act, 1986.

7 Aug 2025

The National Consumer Disputes Redressal Commission (NCDRC) heard appeals (AE No. 73/2024 and AE No. 74/2024) filed by the complainant/decree holder, ...

Tribunals

National Consumer Disputes Redressal Commission Allows Execution Appeals in Consumer Dispute Over Flat Possession — Directions Issued for Compliance Under Sections 25 and 27 of Consumer Protection Act, 1986. The decree holder is entitled to pursue both execution remedies simultaneously without being compelled to elect between them.

7 Aug 2025

The case involves execution appeals filed by the decree holder, Kishore Bhardwaj, against a common order dated 11.09.2024 of the State Consumer Disput...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeal Against State Commission Order in Consumer Execution Proceedings — Compliance of Decree for Possession or Refund with Interest. The court set aside the impugned order and remanded the execution applications for fresh adjudication, keeping all contentions open.

7 Aug 2025

The case involves an appeal by Kishore Bhardwaj, the complainant/decree holder, against a common order dated 11.09.2024 passed by the State Consumer D...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Recovery of Security Deposit Under RDB Act. Security Deposit Refund Under Leave and License Agreement is Not a 'Debt' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, as It Does Not Arise from a Banking Transaction or Financial Assistance.

19 Oct 2018

The petitioner, HDFC Bank Ltd., a private sector bank, filed a writ petition challenging the order of the Debt Recovery Tribunal (DRT) at Pune, which ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

8 May 2015

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

High Court

Bombay High Court Allows Refund of Octroi Duty on Goods Not Consumed Within Municipal Limits — Goods Imported into City but Immediately Taken to Factory Outside Octroi Limits Not Liable to Octroi Under Section 114(3) of City of Nagpur Corporation Act, 1948.

23 Aug 2011

The petitioner, Yawalkar Pesticides Pvt. Ltd., a company incorporated under the Companies Act, 1956, had its registered office at Nagpur and a factory...

High Court

Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

21 Mar 2006

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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