Search Results for "Debt Recovery Appellate Tribunal"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "Debt Recovery Appellate Tribunal"

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High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

12 Feb 2024

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

Tribunals

NCLAT Dismisses Appeal by Shareholder Against CIRP Admission — Shareholder Lacks Locus Standi Under Section 61 IBC. The appeal filed by a shareholder against the order admitting a Section 9 petition by an operational creditor was dismissed as the shareholder is not an aggrieved person under Section 61 of the IBC.

19 Jan 2024

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Romi Datta, a shareholder of Sahara Q Shop Unique P...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

18 Dec 2019

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Interim Award on Limitation in Commercial Arbitration. Winding Up Proceedings Constitute Civil Proceedings for Exclusion of Time Under Section 14 of Limitation Act, 1963.

18 Sep 2018

The dispute arose from a purchase order dated 24 June 2013 placed by Tata Consultancy Services Ltd. (petitioner) on Inspira IT Products Pvt. Ltd. (res...

High Court

Bombay High Court Quashes Civil Imprisonment Order Against Guarantor in DRT Recovery Proceedings — Failure to Comply with Section 30 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Court holds that Recovery Officer cannot order arrest without issuing a show-cause notice and giving an opportunity of hearing as mandated by the Act.

11 Apr 2017

The petitioners, including Panther Fincap & Management Services Limited and three individuals, were aggrieved by an order dated 31 May 2007 passed by ...

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

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Dismisses Appeal Against Winding Up Order for Non-Compliance with Payment Schedule — Company Failed to Deposit Admitted Debt Despite Multiple Opportunities. The court upheld the admission of winding up petition and appointment of provisional liquidator under Sections 433, 434, and 450 of the Companies Act, 1956, as the company admitted liability but failed to pay as directed.

8 Feb 2012

The appeal arose from an order of the Company Judge admitting a winding up petition filed by Kotak Mahindra Bank Limited against Katare Spinning Mills...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sale Confirmation in Debt Recovery Proceedings — Auction Sale Valid Despite Alleged Irregularities Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Inadequacy of Price Not Sufficient to Set Aside Sale Unless It Shocks Conscience; No Substantial Injury Proved.

24 Nov 2010

The petitioners, Asha Mehta and another, were judgment debtors against whom Allahabad Bank had obtained a decree for recovery of Rs.33.51 crores with ...

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