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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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Loan Recovery"

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High Court

Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

5 Jun 2017

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

31 Jan 2023

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

High Court

Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer.

23 Jun 2023

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,...

High Court

Bombay High Court Quashes FIR for Abetment of Suicide and Money Lending Offences — No Proximate Link Between Alleged Acts and Suicide. Failure to Repay Loan and Threats of Legal Action Do Not Constitute Abetment to Suicide Under Section 306 IPC.

3 Nov 2020

The case involves two connected proceedings: a Criminal Writ Petition filed by Subhash Ramgopal Bharuka and a Criminal Application filed by Sandesh Su...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Mortgage Dispute — Arbitrator's Jurisdiction Upheld Despite Lack of Pre-Appointment Notice. The court held that a claim for enforcement of a mortgage is arbitrable as it is in personam, and Section 21 of the Arbitration Act does not require notice before appointment when the agreement provides for unilateral appointment.

25 Jul 2013

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

High Court

Bombay High Court Dismisses Bank's Writ Petitions Challenging Cooperative Court Orders in Loan Recovery Disputes. Held that the Cooperative Court had jurisdiction under Section 91 of the Maharashtra Cooperative Societies Act, 1960, and the bank had an alternative remedy of appeal under Section 97, making the writ petitions not maintainable.

2 May 2016

The petitioner, Pune Zilla Madhyavarti Sahakari Bank Ltd., filed multiple writ petitions challenging orders passed by the Cooperative Court in dispute...

High Court

Bombay High Court Dismisses Petition Seeking Consideration of OTS Scheme Under RBI Guidelines in SARFAESI Act Matter. Court holds that once possession of secured asset is taken under Section 13(4) of SARFAESI Act, 2002, the remedy lies before the Debts Recovery Tribunal under Section 17, not by way of writ petition.

5 Dec 2016

The petitioners, Dr. Kishor Chimasaheb Nimbalkar and Sou. Dhanshree Kishor Nimbalkar, are running a hospital. They obtained a home loan of Rs.34,00,00...

High Court

Gujarat High Court Quashes FIR in Money Laundering and Cheating Case Due to Civil Nature of Dispute. Loan Transaction and Dishonour of Cheques Do Not Attract Sections 406, 420 IPC or Sections 5, 33(3), 42 of Prevention of Money Laundering Act, 2002.

17 Mar 2026

The present application was filed by the applicants (accused No.2 and another) under Section 482 of the Code of Criminal Procedure, 1973, seeking quas...

High Court

Bombay High Court Quashes FIR Against Valuers in Cheque Dishonour Case — No Offence Under Section 138 NI Act as Complainant Failed to Prove Debt Legally Enforceable. The court held that the presumption under Section 139 NI Act is rebuttable and the complainant must prima facie show a legally enforceable debt.

6 Dec 2017

The judgment pertains to three criminal applications filed by Ramesh Dahyalal Shah, Yardi Prabhu Consultants & Valuers Pvt. Ltd., and Ashwinkumar Shet...

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