Search Results for "Loan Recovery"

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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...
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Search Results for "Loan Recovery"

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High Court

Bombay High Court Allows Writ Petition Challenging Execution Proceedings for Recovery of Loan Amount — Interest Rate Discrepancy Between Decree and Contract Renders Execution Invalid. The execution application claimed interest at 21% per annum while the decree specified 6% per annum from the date of suit till realization, violating Section 34 CPC and Order 21 Rule 11 CPC.

18 Jun 2019

The petitioner, Rajesh Kishan Khanaj, was the original judgment debtor in a suit filed by the Federal Bank Limited for recovery of a term loan of Rs.1...

High Court

Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

24 Aug 2016

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

High Court

Bombay High Court Quashes Auction Sale in Co-operative Bank Recovery for Non-Compliance with Rule 107 of Maharashtra Co-operative Societies Rules, 1961. Sale Set Aside Due to Failure to Follow Mandatory Procedure and Lack of Proper Notice to Borrower.

18 Jul 2012

The petitioner, M/s. Puran Automobiles, a partnership firm, had taken a loan from the respondent Janta Sahakari Bank Ltd. The Bank obtained a certific...

High Court

Gujarat High Court Dismisses Petition Challenging DRT Order in SARFAESI Matter — Upholds Bank's Possession for Non-Performing Asset. Held that DRT's refusal to grant interim relief was not perverse or without jurisdiction, and the petition under Article 226/227 was not maintainable as alternative remedy of appeal under Section 18 of SARFAESI Act was available.

13 Mar 2026

The petitioners, Prakashbhai Baldevbhai Patel and another, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India b...

High Court

Bombay High Court Allows Bank's Writ Petition Challenging Dismissal of Appeal for Default in Payment of Court Fees - Restoration of Appeal Ordered. The court held that dismissal for default in payment of deficit court fees was perverse and directed restoration of the appeal on merits, emphasizing a liberal approach to ensure justice.

7 Dec 2022

The petitioner, ICICI Bank Limited, filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging an order dated December ...

Supreme Court

Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

5 Aug 1966

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...

High Court

High Court of Karnataka Considers Whether Commercial Dispute Can Give Rise to Criminal Proceedings; Cites Apex Court Precedent on Distinction Between Breach of Contract and Cheating. The Petition Seeks Quashing of FIR Registered Under Sections 406, 420, 120B, and 34 IPC Arising Out of Allegedly Defective Bus Supply, With the Court Examining the Abuse of Process Doctrine.

9 Nov 2022

The matter arose from a commercial dispute between Scania Commercial Vehicles India Pvt. Ltd. (the manufacturer/seller) and K.T. Rajashekar, proprieto...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

High Court

High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

20 Jul 2017

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

High Court

Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

1 Dec 2016

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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