Search Results for "Guarantors"

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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...
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Search Results for "Guarantors"

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Tribunals

NCLAT Dismisses Appeal by Personal Guarantors Against Liquidation Order for Lack of Locus Standi and Limitation. The appeal challenging the liquidation of M/s. Raihan Healthcare Pvt. Ltd. under Section 33 of the Insolvency and Bankruptcy Code, 2016 was dismissed as the personal guarantors had no standing to challenge the liquidation without their liability being adjudicated under Section 60(2) of the IBC.

9 Jul 2024

The case involves an appeal filed by M.K. Resely and seven others (appellants) against the liquidation order of M/s. Raihan Healthcare Pvt. Ltd. (corp...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Asset Reconstruction Company's Appeal Against Auction Sale Set Aside Due to Lack of Jurisdiction and Limitation. The Court upheld the DRAT order dismissing the appeal as barred by limitation and on merits, confirming the auction sale in favour of the respondent.

11 Feb 2022

The petitioner, Phoenix ARC Pvt. Ltd., an asset reconstruction company registered under the SARFAESI Act, 2002, filed a writ petition challenging the ...

Supreme Court

Supreme Court Allows Refund of Rs.40 Crores Deposited by Borrower in SARFAESI Act Proceedings — Deposit Made to Show Bona Fides, Not as Payment of Dues. The Court held that a deposit made pursuant to an interim order to demonstrate bona fides cannot be appropriated by the Bank when the interim order is set aside and the OTS is rejected.

20 Aug 2019

The case arises from a dispute between M/s Kut Energy Pvt. Ltd. and others (appellants/borrowers) and Punjab National Bank and others (respondents) co...

High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

High Court

High Court of Karnataka Allows Appeal in Part in Recovery Suit — Suit Against Guarantors Barred by Limitation. The court held that the cause of action against guarantors arose on the date of the loan agreement, not the promissory note, and the suit filed after three years was barred under Article 55 of the Limitation Act, 1963.

26 Jul 2017

The appeal was filed by defendant Nos.3 to 6 (guarantors) against the judgment and decree dated 13.12.2010 passed by the I-Additional Senior Civil Jud...

High Court

Bombay High Court Dismisses Appeals Against Sale of Mortgaged Property in Arbitration Proceedings — Status Quo Not Maintainable as Sale Was Already Concluded. Court Held That Once a Sale Is Concluded, No Injunction Can Be Granted to Restrain Execution of Conveyance Deed Under Section 9 of the Arbitration and Conciliation Act, 1996.

9 Aug 2016

The case involves two appeals filed by Ramsarup Industries Limited and others against Tata Capital Financial Services Limited. The dispute arose from ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

20 Jul 2015

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

High Court

Bombay High Court Allows Section 9 Petition for Interim Relief Despite Pending SICA Reference — Guarantors' Liability Not Barred by SICA. Financial Institution's Petition Under Section 9 of the Arbitration and Conciliation Act, 1996 for Appointment of Receiver and Injunction Against Guarantors Held Maintainable Despite Principal Borrower's Pending Reference Under Section 15(1) of SICA.

17 Feb 2012

The Petitioner, Tata Capital Ltd., a financial institution, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking int...

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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