Search Results for "Securitization Act"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Securitization Act"

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High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

High Court

Bombay High Court Allows Writ Petition by Banks Against Additional District Magistrate's Order Disposing Section 14 SARFAESI Application Without Taking Possession. The Court Held That the Magistrate's Role Under Section 14 Is Ministerial and Cannot Adjudicate on the Validity of the Underlying Debt or Security Interest.

19 Jul 2022

The petitioners, authorized officers of four financial institutions (IDBI Bank, Axis Bank, Bank of Baroda, and CFM Asset Reconstruction Pvt. Ltd.), ha...

High Court

High Court of Karnataka Quashes Sub-Registrar's Endorsement Rejecting Sale Certificate as Time-Barred Under Section 89 of Registration Act, 1908. Petitioner Purchased Property in SARFAESI Auction, Bank Forwarded Certificate Late but Court Held No Limitation for Registration Under Section 89(4).

26 Jun 2013

The petitioner, M/s. MGM Pooja Buildtech Private Limited, purchased a property (Plot No.108, Metagali, K.R.S. Road, Mysore, measuring 4,056 sq. meters...

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

Bombay High Court Allows Writ Petitions by Financial Institutions Seeking Police Protection for Secured Asset Recovery Under SARFAESI Act — Held That Section 14 of SARFAESI Act Does Not Oust Writ Jurisdiction and That Police Authorities Must Provide Assistance for Recovery of Possession of Secured Assets.

27 Apr 2023

The judgment involves three writ petitions filed by financial institutions seeking police protection for recovery of possession of secured assets unde...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Under Section 14 of SARFAESI Act — Alternative Remedy Under Section 17 Held Available. The court held that an aggrieved person has the remedy under Section 17 of the SARFAESI Act against an order passed under Section 14, and the writ petition 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

Madras High Court Dismisses Writ Petition Seeking Speedy Disposal of SARFAESI Application Due to Alternative Remedy. Petitioner directed to pursue remedy under Section 17 of SARFAESI Act, 2002 before Debts Recovery Tribunal.

10 Jan 2025

The petitioner, M/s. Cholamandalam Investment and Finance Company Limited, represented by its authorized officer, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT and DRAT Orders in SARFAESI Act Matter — Delay in Filing Appeal Under Section 17 Not Condoned Due to Lack of Sufficient Cause. The court upheld the concurrent findings of the DRT and DRAT that the petitioner failed to show sufficient cause for condonation of delay in filing the appeal under Section 17 of the SARFAESI Act, 2002.

29 Jun 2015

The petitioner, Naresh Suresh Pawar, was a joint owner of an immovable property along with Jaiprakash Pahelwan and Nirmala Pahelwan. In the year 2000,...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

19 Dec 2024

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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