Search Results for "Securitisation"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Securitisation"

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High Court

Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

30 Nov 2016

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

Supreme Court

Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

11 Apr 2023

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

High Court of Bombay Considers Auction Purchaser's Writ Petition for Physical Possession Under SARFAESI Act. Petition Filed by Auction Purchasers Seeking to Enforce Registered Sale Certificate and Section 14 Order Despite Borrower's Pending Appeal Against DRT Order.

28 Jul 2026

The writ petition was filed by auction purchasers who had purchased a secured asset in an e-auction conducted by respondent No.2 bank under the SARFAE...

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...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case Due to Unregistered Tenancy and Lack of Evidence. Tenant's Claim of Prior Tenancy Fails as It Exceeded One Year Without Registered Instrument Under Section 107 of Transfer of Property Act, 1882, and Tenant-in-Sufferance Not Protected Under SARFAESI Act.

17 Aug 2021

The dispute arose from a criminal appeal before the Supreme Court challenging orders of the Chief Metropolitan Magistrate, Mumbai, which rejected the ...

High Court

Bombay High Court Dismisses Plaintiffs' Interim Applications in Commercial Suit for Declaration and Injunction Against Bank's Auction of Secured Assets. Court holds that plaintiffs failed to establish a prima facie case for interim relief as the bank's possession and auction of secured assets under SARFAESI Act were valid and not vitiated by any fraud or collusion.

5 Jun 2023

The plaintiffs, Cheerful Trade and Realty Developers Pvt Ltd and Aristo Realty Developers Ltd, both non-banking financial companies, filed a commercia...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

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