Search Results for "attachment without authority"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "attachment without authority"

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High Court

Bombay High Court Quashes Freezing of Properties by Investigating Officer in Bank Fraud Case — Lack of Statutory Authority Under M.P.I.D. Act. Investigating Officer Cannot Freeze Immovable Properties Without Legal Provision; Bail Conditions Already Complied With.

16 Sep 2025

The petitioner, Vijaykumar alias Vijay S/o Sitaram Dandanaik, was the chairman of Vasantdada Nagari Sahakari Bank Ltd, Osmanabad. He was arrested in c...

High Court

Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

11 Sep 2025

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

High Court

Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

22 Jan 2024

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

High Court

Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

17 Dec 2020

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

High Court

Bombay High Court Allows Appeal in Attachment Before Judgment Case — Defendants Failed to Disclose Assets and Intended to Defeat Creditors. Order 38 Rule 5 CPC Attachment Granted as Plaintiffs Made Out a Prima Facie Case of Intent to Obstruct Execution.

6 Aug 2018

The appellants, original plaintiffs in Special Civil Suit No. 1437 of 2013, filed an appeal against the order of the Extra Joint Civil Judge Senior Di...

High Court

High Court of Karnataka Quashes Attachment Order in EPF Recovery Case Due to Violation of Natural Justice. Attachment of Bank Accounts Without Prior Notice and Without Considering Pending Appeal Held Illegal Under Section 7A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

29 Jan 2018

The petitioner, M/s G4S Secure Solutions India Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

8 Jun 2016

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Banking Dispute — Upholds Liability of Company but Sets Aside Award Against Directors for Lack of Evidence. The court held that directors cannot be held personally liable for company debt without personal guarantee or specific evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Mar 2011

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 31st March, 2006 p...

High Court

Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

30 Nov -0001

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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