Search Results for "Loan Recovery"

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High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

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High Court of Karnataka Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Sections 120B, 302, 201 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The judgment pertains to a criminal appeal filed by four accused persons convicted by the I Additional District and Sessions Judge, Davanagere, in S.C...

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High Court Dismisses Arbitration Petitions Challenging Awards Under Multi-State Co-operative Societies Act -- Upholds Arbitrator's Jurisdiction in Banking Dispute with Co-operative Bank -- No Conflict Found with SARFAESI Act or RDB Act

The High Court dismissed two Commercial Arbitration Petitions challenging arbitral awards passed by an Arbitrator appointed under Section 84 of Multi-...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Upholds Acquittal in Section 138 NI Act Case Due to Non-Prosecution by Complainant's Partner. Complaint Filed by Partner Without Proper Authorization Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal appeals arising from a judgment of acquittal passed by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai on 30/08/...

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Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment. Defendants Granted Unconditional Leave to Defend as They Had Disclosed a Defence in Earlier Affidavit.

The plaintiff filed a summary suit against the defendants for recovery of a loan. The defendants filed an affidavit in reply to an attachment before j...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...