Search Results for "Section 17"

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Search Results for "Section 17"

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High Court

Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

4 Mar 2025

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Under Section 14 of SARFAESI Act — Alternative Remedy Under Section 17 Held Available. The court held that an aggrieved person has the remedy under Section 17 of the SARFAESI Act against an order passed under Section 14, and the writ petition is not maintainable.

30 Jan 2019

The petitioner, Smt. Vimala Bhushan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Petitioner Lacks Locus Standi as Borrower's Leasehold Interest Not Affected. The court held that the petitioner, claiming to be the owner of the property leased to the borrower, had no locus standi to challenge the DRT order under Section 17 of the SARFAESI Act, 2002, as the lease was created after the mortgage and the petitioner was not a party to the proceedings.

28 Jan 2019

The petitioner, Sri Rameshchandra, claiming to be the owner of a property, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

High Court of Karnataka Allows Petition Challenging Stamp Duty on Arbitrator's Interim Order. The court held that an order under Section 17 of the Arbitration and Conciliation Act, 1996 is not an 'award' under Article 11 of the Karnataka Stamp Act, 1957, and thus no stamp duty is payable.

2 Jan 2019

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

High Court

High Court of Bombay Dismisses Union of India's Appeal in Arbitration Act Case - Trial Court Correctly Refused to Re-Examine Award Merits Under Section 17 After Section 30 Objections Dismissed in Default. Court holds that once objections under Section 30 are rejected, the court under Section 17 must pronounce judgment according to award without re-examining merits.

6 Feb 2018

The appellant, Union of India, challenged the judgment and order dated 16.03.1998 passed by the Court of Civil Judge, Senior Division, Wardha in Misce...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Alternative Remedy of Appeal Under Section 17(7) Available. Petitioners, as tenants of secured asset, cannot bypass statutory appellate remedy by invoking writ jurisdiction under Article 226 of the Constitution.

8 Aug 2017

The petitioners, who were tenants of a property that was a secured asset of the respondent HDB Financial Services Ltd., filed securitisation applicati...

High Court

Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

27 Jul 2017

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...

High Court

High Court of Karnataka Dismisses Writ Petition Against SARFAESI Act Order for Lack of Alternative Remedy. Petitioner's challenge to order under Section 14 of SARFAESI Act, 2002 held not maintainable as appeal under Section 17 before DRT is available.

26 Sep 2015

The petitioner, M/S Balaji Food Processing Industry, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Cou...

High Court

High Court Dismisses Writ Appeal Against Bank's Possession Notice Under SARFAESI Act for Lack of Jurisdiction Due to Alternate Remedy. Appellant's challenge to possession notice dismissed as writ petition not maintainable when alternate remedy under Section 17 of SARFAESI Act before Debt Recovery Tribunal is available.

17 Jun 2015

The appellant, Sri Jayaram Hegde, filed a writ petition before the Karnataka High Court challenging a possession notice issued by Canara Bank under th...

High Court

Bombay High Court Allows Tenant's Possession Claim Under Section 17 of Bombay Rent Act After Building Destroyed by Fire — Appellate Court Erred in Dismissing Suit Based on Open Space Finding. Tenancy rights survive destruction of premises; filing suit constitutes notice of intention to occupy under Section 17(C)(2)(b) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

14 Jan 2010

The petitioners are the legal representatives of the original plaintiff, who filed a suit for possession against the original defendant, the landlord....

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