Search Results for "DRAT order"

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Search Results for "DRAT order"

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High Court

Bombay High Court Dismisses Writ Petitions Against DRT Orders Due to Availability of Alternative Remedy Under Section 20 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Petitioner's challenge to DRT's decision to hear main case after dismissing interlocutory applications fails as review remedy was exhausted and appeal remedy remains available.

12 Dec 2005

The petitioner, Gangaram Biseshwar Agrawal, was defendant No. 2 in three recovery suits filed by Canara Bank, Union Bank of India, and State Bank of I...

Supreme Court

Supreme Court Upholds Mandatory E-filing in Debt Recovery Tribunals with Safeguards for Digital Divide. The amendment to the Electronic Filing Rules under the Recovery of Debts and Bankruptcy Act, 1993 was held valid due to gradual implementation and stakeholder training, but the court directed measures like e-sewa kendras and grievance redressal to address access issues.

29 Mar 2023

The proceedings under Article 32 of the Constitution were instituted to challenge the amendment to Rule 3 of the Debt Recovery Tribunals (DRTs) and De...

High Court

Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

10 Mar 2017

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

High Court

Bombay High Court Upholds Pre-Deposit Condition for Appeal Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — Section 21 Mandates Deposit of 75% of Debt Amount Before Entertaining Appeal. The Court declined to interfere with the Appellate Tribunal's order directing 50% deposit, as the order was within the Tribunal's discretion and the petitioners had an alternative remedy.

12 Aug 2005

The petitioners, Ashish Mines & Minerals and others, were borrowers who had availed credit facilities from the Central Bank of India in 1985, includin...

Supreme Court

Supreme Court Affirms Setting Aside of Auction Sale for Non-Compliance with Mandatory Notice Under SARFAESI Act — Orders Refund with 12% Compound Interest. The Bank's failure to issue mandatory 30-day notice under Rules 8(6) and 8(7) of Security Interest (Enforcement) Rules, 2002 rendered the auction void, and the auction purchaser's status reverted to tenant.

18 Apr 2024

The appellants, Govind Kumar Sharma and another, were tenants in a property that was auctioned by the Bank of Baroda under the Securitisation and Reco...

High Court

Madras High Court Allows Revision Petition Against DRAT Order in SARFAESI Act Matter — Petitioner Company Challenges Rejection of Securitisation Application as Not Maintainable. Court Holds That a Borrower Can Maintain a Securitisation Application Under Section 17 of the SARFAESI Act Even After the Underlying Debt Has Been Assigned to an Asset Reconstruction Company, Provided the Borrower Continues to Be an 'Aggrieved Person'.

4 Feb 2026

The petitioner, ETA Engineering Private Limited, a company engaged in HVAC and EPC contracts, had availed financial assistance from the respondent, Ja...

High Court

Bombay High Court Dismisses Bank's Petition Challenging DRAT Order Excluding Non-Debtor from DRT Jurisdiction. Claim for Conspiracy and Fraud Against a Person Who is Not a Debtor Does Not Fall Within the Definition of 'Debt' Under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

1 Sep 2010

The petitioner, Punjab National Bank, filed a writ petition challenging the order of the Debt Recovery Appellate Tribunal (DRAT) which allowed the app...

High Court

High Court Allows Writ Petition, Quashes DRAT Order Imposing Pre-deposit on Tenant Under SARFAESI Act -- Petitioner, Neither Borrower Nor Guarantor, Not Required to Deposit 40% for Appeal -- Appeal Revived and Restored for Merits Consideration Without Pre-deposit

20 Jan 2026

The Petitioner, a tenant in a redeveloped building, challenged an order of the Debt Recovery Appellate Tribunal, Mumbai (DRAT, Mumbai) that required h...

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