Search Results for "Security interest"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Security interest"

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Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

High Court

Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

9 Mar 2015

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

High Court

COMMERCIAL ARBITRATION PETITION (L) NO. 16432 OF 2025

18 Jun 2025

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High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Sand Removal Contract Dispute. The court held that the arbitrator's interpretation of contractual terms was plausible and not perverse, and the award did not violate public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

7 Jan 2021

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an order of the Principal District Judge, Nagpur, ...

High Court

Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

6 Jul 2015

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...

High Court

Bombay High Court Partly Allows Writ Petition Challenging Enquiry Report and FIR Under Bombay Money-Lenders Act; Declares Section 13B Cannot Be Used for Taking Possession of Immovable Property. Prima Facie Case of Illegal Money Lending Based on Chits, Accounts, and Affidavits Sufficient to Uphold FIR and Report, but Possession of Agricultural Land Cannot Be Taken Under Section 13B.

10 Oct 2017

The case arose from complaints filed by Smt. Karunaben Patil and Shri Jagannath Fakira Patil before the Assistant Registrar, Cooperative Societies, Na...

Supreme Court

Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

25 Sep 1969

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

High Court

High Court of Karnataka Quashes Trial Court Order Issuing Regular Summons in Summary Suit — Directs Fresh Summons Under Form No.4 CPC. Court Holds That in a Summary Suit Under Order XXXVII CPC, the Trial Court Must Issue Summons in Form No.4 and Cannot Suo Motu Decide Maintainability at the Stage of Issuing Summons.

13 Aug 2025

The petitioner, engaged in the business of gems and jewellery, filed a suit under Order XXXVII of the Code of Civil Procedure, 1908, seeking summary r...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

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