Search Results for "defaulting borrower"

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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 "defaulting borrower"

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High Court

Bombay High Court Quashes Commissioner's Order Directing Bank to Provide Documents to Defaulting Member — Membership Rights Suspended Under Maharashtra Co-operative Societies Act for Willful Defaulters. The court held that a willful defaulter cannot claim access to bank records or exercise membership rights until the default is cleared, and the Commissioner exceeded jurisdiction by not considering the defaulter's status under Section 26 of the Maharashtra Co-operative Societies Act, 1960.

16 Jul 2026

The petitioner, The Jalgaon Peoples Co-operative Bank Limited, challenged an order dated 11.11.2013 passed by the Commissioner for Co-operation and Re...

High Court

High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

19 Dec 2023

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

High Court

Bombay High Court Quashes FIR Against Finance Company for Vehicle Repossession Under Section 482 CrPC — Loan Default and Hypothecation Agreement Justify Taking Possession of Excavator. The court held that repossession of a hypothecated vehicle upon default does not constitute theft under Section 379 IPC, and continuing criminal proceedings would be an abuse of process.

11 Dec 2023

The case involves an application filed by Tata Capital Ltd. (Applicant No.1) and its Regional Collection Manager, Mr. Vipul Upadhyay (Applicant No.2),...

Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

High Court

Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

17 Jul 2019

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

High Court

Bombay High Court Allows Writ Petition Challenging Execution Proceedings for Recovery of Loan Amount — Interest Rate Discrepancy Between Decree and Contract Renders Execution Invalid. The execution application claimed interest at 21% per annum while the decree specified 6% per annum from the date of suit till realization, violating Section 34 CPC and Order 21 Rule 11 CPC.

18 Jun 2019

The petitioner, Rajesh Kishan Khanaj, was the original judgment debtor in a suit filed by the Federal Bank Limited for recovery of a term loan of Rs.1...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Guarantee Enforcement Case. Personal Guarantors Held Liable Despite Principal Borrower's Corporate Insolvency Resolution Process Under Section 14 of IBC.

17 Feb 2015

The petitioners, Jamboo Kumar Jain and Praful Kumar Jain, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

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 ...

High Court

Bombay High Court Allows Writ Petition by Bank Challenging Revenue Recovery Certificate for Land Revenue. Secured Creditor's Mortgage Prevails Over State's Claim for Arrears of Land Revenue Under Maharashtra Land Revenue Code, 1966.

5 Jul 2010

The petitioner, Union Bank of India, a body corporate under the Banking Companies (Acquisition & Transfer of Undertakings) Act V of 1970, filed a writ...

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