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Search Results for "securitisation company"

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High Court

Bombay High Court Allows Writ Petition Quashing MPID Act Attachment Against Corporate Debtor's Property. Section 32A IBC Overrides MPID Act as Property Acquired Prior to Offence and Corporate Debtor Not Accused.

8 Jun 2026

The petitioner, Dwarka Iron Industries Pvt. Ltd., as the Successful Resolution Applicant of the corporate debtor M/s. Abhirama Steels Limited, filed a...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale Due to Alternative Remedy and Suppression of Facts. Petitioner, a Director and Shareholder of Mortgagor Company, Failed to Disclose Rejection of OTS and Auction Sale, Leading to Dismissal with Costs.

17 Oct 2025

The petitioner, Ms. Archana Wani, a director and shareholder of respondent No. 5 (N. Kumar Housing and Infrastructures), filed a writ petition under A...

High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

1 Jan 2020

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Under IBC, Holds Prior Consent Under Section 16G of Tea Act Required for Initiation of CIRP Against Tea Gardens Under Central Government Management. The court ruled that the Tea Act, 1953, being a special legislation, requires prior consent of the Central Government for initiating insolvency proceedings under Section 9 of the IBC against a corporate debtor whose tea gardens are under government management.

4 Oct 2019

The case involves a dispute between Duncans Industries Ltd. (the appellant/corporate debtor) and A. J. Agrochem (the respondent/operational creditor) ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Guarantor's Challenge to Assignment of Debt and Validity of Notice Rejected. Assignment of debt by Bank of Baroda to securitisation company held valid under Section 5 of SARFAESI Act, and possession notice served by registered post complied with Rule 8(1) of Security Interest (Enforcement) Rules, 2002.

16 Aug 2012

The petitioner, Tushar P. Shah, a director and guarantor of respondent no. 2 (M/s. Air Coils Manufacturing Co. Pvt. Ltd.), filed a writ petition chall...

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 Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

20 Jan 2011

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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