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Search Results for "DRAT order"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Predeposit Condition for Appeal Against Interlocutory Order Under SARFAESI Act. Section 18(1) of SARFAESI Act, 2002 Requires Deposit of 50% of Debt for Any Appeal Under Section 17, Including Interlocutory Orders, and Appellate Tribunal May Reduce to 25%.

16 Nov 2010

The petitioners, M/s Vinay Container Services Pvt. Ltd. and its guarantors, challenged an order of the Debts Recovery Appellate Tribunal (DRAT) which ...

High Court

High Court of Karnataka Dismisses Borrower's Challenge to Auction in SARFAESI Act Case Due to Suppression of Facts and Abuse of Process. The court held that the borrower's failure to disclose earlier litigation and filing of multiple proceedings disentitled them to relief, dismissing the writ petition with costs.

24 Mar 2025

The petitioners, M/S. SLN Gaja Industries and its partner G. Lokesh, were borrowers from Canara Bank. They defaulted on a loan, and the bank initiated...

High Court

Bombay High Court Dismisses Petition Challenging DRT Order in Debt Recovery Case — Foreign Bank's Surrender of Licence Does Not Affect Pending Recovery Proceedings. The court held that the jurisdiction of the Debt Recovery Tribunal is determined at the time of filing the application and subsequent cessation of banking business does not oust its jurisdiction under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

23 Mar 2011

The petitioner, Isibars Limited, a company incorporated under the Companies Act, 1956, had availed credit facilities from Commerzbank AG, a German ban...

Supreme Court

Supreme Court Disposes of Appeal in Debt Recovery Case with Interim Deposit and Attachment Orders. Court directed appellant to deposit Rs.5 crores, permitted respondent to withdraw amounts, continued attachment of shares, and ordered timely disposal of pending appeal under the Recovery of Debts and Bankruptcy Act, 1993.

27 Oct 2021

The Supreme Court of India disposed of a civil appeal arising from a special leave petition, which challenged the High Court of Rajasthan's dismissal ...

Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

High Court

Madras High Court Dismisses Writ Petition Challenging DRAT Order Refusing to Condone 614-Day Delay in Filing Appeal Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — Petitioners Failed to Provide Sufficient Cause for Inordinate Delay.

7 Jan 2025

The petitioners, Rajkumar, N.Ramesh, and R.Amutha, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of th...

High Court

High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders in Debt Recovery Proceedings Against Dr. Vijay Mallya. Court upholds the jurisdiction of the Debt Recovery Tribunal to proceed with recovery actions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, rejecting the petitioner's challenge based on pending criminal proceedings and alleged lack of territorial jurisdiction.

5 Oct 2018

The judgment concerns two writ petitions filed by Dr. Vijay Mallya challenging orders passed by the Debt Recovery Tribunal (DRT) in recovery proceedin...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRAT Order in Debt Recovery Matter — Maintainability of Appeal Under Section 18 of RDDBFI Act, 1993. The court held that an appeal against an interim order under Section 17 of the Act is maintainable before the Debts Recovery Appellate Tribunal under Section 18, and the Tribunal's order refusing to waive pre-deposit was not perverse or without jurisdiction.

23 Jun 2014

The petitioners, M/s. IDEB Projects Pvt Ltd and others, filed writ petitions under Article 227 of the Constitution of India challenging an order dated...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Territorial Jurisdiction and Interim Relief. Held that DRT Ahmedabad had jurisdiction to entertain the bank's recovery application and that the Appellate Tribunal's refusal to grant interim relief was justified.

27 Feb 2006

The petitioner, M/s. GTCL Mobile-Com Technology Limited, a company registered under the Companies Act, challenged two orders: (1) an order dated 14-11...

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