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Search Results for "SARFAESI notice"

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High Court

Karnataka High Court Division Bench Hears Appeals Against Single Judge Order Quashing SARFAESI Auction Sale. Single Judge Had Canceled Sale Deed of Agricultural Land for Non-Compliance with Statutory Notice Requirements and Prohibition on Selling Agricultural Land under SARFAESI Act, 2002.

22 Jul 2022

The dispute arose from a writ petition filed by a borrower challenging the auction sale of his property under the Securitisation and Reconstruction of...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

High Court

Madras High Court Allows Bank's Writ Petition for Registration of SARFAESI Sale Certificate Despite Prior Sale Deeds by Mortgagor. Sub-Registrar Directed to Register Sale Certificate as Unauthorised Sales by Mortgagor Do Not Bind Secured Creditor.

10 Feb 2025

The case involved a writ petition filed by Canara Bank under Article 226 of the Constitution seeking a mandamus to direct the Sub-Registrar, Kelamanga...

High Court

Madras High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act, Citing Alternative Remedy Before DRT. Petitioner directed to approach Debts Recovery Tribunal under Section 17 of SARFAESI Act, 2002.

7 Jan 2025

The petitioner, V.Nisha, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeki...

High Court

High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

28 May 2024

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

20 Jul 2023

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

High Court

Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

25 Feb 2019

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...

High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Proceedings Against Guarantors — Guarantors Not Entitled to Pre-Deposit Under Section 17(2) of SARFAESI Act, 2002. The court held that a guarantor is a borrower under Section 2(1)(f) of the SARFAESI Act, 2002, and can be proceeded against under Section 13(2), but the pre-deposit requirement under Section 17(2) does not apply to guarantors.

30 Nov -0001

The judgment involves four writ petitions filed by members of the Shegur family against Vikas Co-operative Bank Ltd. and Bank of Maharashtra. The peti...

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 ...

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