Search Results for "Section 17"

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Search Results for "Section 17"

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High Court

Madras High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act Due to Availability of Alternative Remedy Before Debts Recovery Tribunal. Petitioner directed to approach DRT under Section 17 of SARFAESI Act, 2002 as writ jurisdiction under Article 226 is not permissible when effective alternative remedy exists.

9 Jan 2025

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

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

25 Feb 2019

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Section 14 SARFAESI Order — Alternative Remedy Under Section 17 Available. Court Holds That an Order Under Section 14 of the SARFAESI Act Can Be Challenged Under Section 17, and Writ Petition Without Exhausting Statutory Remedy Is Not Maintainable.

30 Jan 2019

The petitioner, Smt. Vimala Bhushan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the ...

High Court

High Court of Karnataka Allows Petition in Stamp Duty Dispute Over Arbitral Interim Order. Court Holds That an Order Under Section 17 of Arbitration and Conciliation Act, 1996 Is Not an 'Award' Under Article 11 of Karnataka Stamp Act, 1957, and Thus No Stamp Duty Is Payable.

2 Jan 2019

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

High Court

Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

16 Mar 2017

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Continuation of Status Quo Order Pending Hearing of Section 17 Application. Tribunal's Order Held to Be Interim Measure, Not Final Determination, and Within Its Jurisdiction Under Section 17 of Arbitration and Conciliation Act, 1996.

18 Oct 2012

The appellant, Board of Control for Cricket in India (BCCI), entered into a franchise agreement with the respondent, Deccan Chronicle Holdings Limited...

High Court

Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

12 Oct 2012

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Partnership Dispute — Appellant's Absence No Ground to Set Aside Section 17 Order. Court upholds order directing redeposit of funds and restraining interference with firm's business, holding that the Tribunal acted within its jurisdiction to preserve assets.

9 Apr 2012

The case involves a partnership dispute between Leslie David Isaac (appellant) and Bahadur Bapuji Sanjana (respondent) concerning the firm Elektronik ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

30 Nov -0001

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...

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