Search Results for "mortgage award"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "mortgage award"

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High Court

Bombay High Court Quashes Attachment Order in Arbitration Under Multi-State Co-operative Societies Act, 2002 — Arbitrator Lacks Power to Attach Non-Mortgaged Property Before Award. The court held that Section 96 of the Act must be read with Section 84, limiting attachment to property mortgaged to the society.

24 Aug 2005

The Saraswat Co-operative Bank Ltd. initiated arbitration proceedings under Section 84 of the Multi-State Co-operative Societies Act, 2002 against M/s...

High Court

Karnataka High Court Allows Appeal in Recovery Suit, Reduces Interest Rate from 23% to 6% p.a. for Money Lending Transactions. Court Held That Charging 23% Interest Was Unconscionable and Excessive Under Section 34 CPC, and Reduced It to 6% p.a. Simple Interest.

1 Dec 2015

The plaintiff, G.R. Shet, proprietor of M/s Shet & Co., filed a suit for recovery of money against M/s Bawa Enterprises (a partnership firm) and its p...

High Court

Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

17 Jun 2013

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Arbitration Dispute Over Mortgaged Properties. Court holds that appointment of receiver pending arbitration is permissible under Section 9 of the Arbitration and Conciliation Act, 1996, but the impugned order was passed without proper application of mind and without considering the balance of convenience.

17 Jan 2017

The case involves two commercial appeals filed under Section 37 of the Arbitration and Conciliation (Amendment) Act, 2015, challenging a common order ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

7 Jan 2019

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

Supreme Court

Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

29 May 2026

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

High Court

Bombay High Court Allows Writ Petition Challenging Bank's Dispossession of Member from Co-operative Society Gala Without Proper Notice Under Maharashtra Co-operative Societies Act. Court holds that possession of a member of a co-operative society cannot be taken without following due process under Section 101 of the MCS Act and the Maharashtra Co-operative Societies Rules, 1961.

6 Jun 2006

The petitioner, Natrajan Chandran, was a member of the Royal Industrial Co-operative Society Limited and was allotted Gala number C-16. He intended to...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate and Costs. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum and costs without agreement, but upheld the principal liability under the guarantee.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Disposes of Four Petitions Under Section 9 of Arbitration Act by Common Order. Interim Measures Sought by Financing Company Against Borrower and Guarantor for Default in Loan Repayments Secured by Hypothecated Equipment.

8 Jul 2014

L&T Finance Limited, a company registered under the Companies Act, 1956, filed four petitions under Section 9 of the Arbitration and Conciliation Act,...

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