Search Results for "Securitisation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Securitisation"

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High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

High Court

High Court of Bombay at Nagpur Bench Allows Bank's Petition, Holds Secured Creditor's Charge Prevails Over State's Statutory First Charge Under MVAT Act and Profession Tax Act. The court ruled that Section 26E of the SARFAESI Act, 2002 gives priority to the secured creditor over all other debts, including statutory dues of the State, and that the non-obstante clause in the SARFAESI Act overrides the provisions of the Maharashtra Value Added Tax Act, 2002 and the Profession Tax Act, 1975.

17 Dec 2021

The petitioner, Union Bank of India, had sanctioned cash credit and inland letter of credit facilities of Rs.10 crores to respondent No.4, M/s. Linkso...

High Court

Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

21 Mar 2024

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

High Court

Bombay High Court Directs Removal of Central Excise Lien on Property Sold Under SARFAESI Act, Orders Registration of Sale Certificate. The Court held that the sale under the SARFAESI Act extinguishes all prior encumbrances, including statutory liens of the Excise Department, and the Sub-Registrar cannot refuse registration of the sale certificate on the ground of such prior encumbrance.

28 Jun 2023

The Petitioner, Ronak Industries, a partnership firm, purchased an immovable property (Survey No.366/5 and 366/6, admeasuring 2400 sq.mtrs, along with...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Co-operative Bank Liquidation Case, Holding Priority Over Workmen's Dues Under SARFAESI Act. Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 grants overriding priority to secured creditors over all other debts, including statutory dues like provident fund and wages.

20 Nov 2025

The appellant, a secured creditor, had advanced loans to a co-operative sugar factory (the respondent Society). The factory became defunct and default...

High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

High Court

High Court Directs Magistrate to Expeditiously Dispose Section 14 SARFAESI Application for Possession of Secured Asset. Financial Institution's Right to Take Possession of Mortgaged Property Upheld; Magistrate Directed to Pass Orders Within Two Weeks.

3 Sep 2015

The petitioner, L & T Housing Finance Ltd., a financial institution registered under the National Housing Bank Act, 1987, and as a Securitization and ...

High Court

Karnataka High Court Quashes Possession Notice Against Guarantor in SARFAESI Act Case — Bank Must Exhaust Remedies Against Borrower First. Guarantor's Property Cannot Be Proceeded Against Without First Proceeding Against Principal Borrower Under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

12 Apr 2018

The petitioner, Mahesh S/o Hemadreppa Sajjanaar, filed a writ petition challenging a possession notice dated 06.03.2017 issued by the Authorized Offic...

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