WRIT PETITION NO. 10533 OF 2023
2 May 2025...
Search Results for "defaulting borrower"
88 result(s) found
Found 88 result(s)
Supreme Court
Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.
10 Apr 2023The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...
- 112
High Court
Bombay High Court Allows Petition Challenging Auction Sale by Cooperative Bank for Non-Disclosure of Reserve Price and Lack of Proper Notice Under Section 101 of Maharashtra Cooperative Societies Act, 1960. Sale Set Aside as Bank Failed to Comply with Rule 107 of Maharashtra Cooperative Societies Rules, 1961.
30 Jul 2021The petitioner, Munjaji Kondiba Chate, owned agricultural lands in Beed district, Maharashtra. He had taken a loan from Deenadayal Nagari Sahakari Ban...
High Court
High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.
14 Feb 2020The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...
Supreme Court
Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.
1 Jan 2020The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...
- 456
High Court
Bombay High Court Allows Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.
1 Jul 2016The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...
- 160
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 2015The petitioner, L & T Housing Finance Ltd., a financial institution registered under the National Housing Bank Act, 1987, and as a Securitization and ...
- 40
High Court
Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.
10 Jun 2015The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...
- 103
High Court
Bombay High Court Dismisses Borrower's Challenge to Arbitral Award in Loan Recall Dispute — Interest Rate Reduction and Pre-reference Interest Upheld. Court confirms that arbitrator can reduce contractual interest rate under Section 34 of Arbitration and Conciliation Act, 1996 and award pre-reference interest under Section 31(7)(a) of the Act.
4 Mar 2015The judgment arises out of eight arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbi...
- 71
High Court
Bombay High Court Dismisses Petition Challenging SARFAESI Auction for Non-Compliance with Undertaking. Failure to Pay Agreed Amount and Challenge Auction Notice After Possession Constitutes Waiver of Right to Challenge Under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
31 Jan 2005The petitioners, Mr. Manoj D. Kapasi and Ruby Coach Building Company, owed Rs.3,64,78,000 to respondent No.2 bank. The bank issued a notice under Sect...
- 86
