Search Results for "Kotak Mahindra Bank"

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Search Results for "Kotak Mahindra Bank"

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High Court

Madras High Court Allows Writ Petition of Auction Purchaser Against Bank for Delivery of Possession Under SARFAESI Act. Bank's Failure to Hand Over Vacant Possession After Sale Confirmation Constitutes Dereliction of Duty Enforceable Under Article 226.

5 Jun 2026

The petitioner, Vijayanand Srinivasan, an auction purchaser, filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

4 Jul 2024

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Petitioner Lacks Locus Standi as Borrower's Leasehold Interest Not Affected. The court held that the petitioner, claiming to be the owner of the property leased to the borrower, had no locus standi to challenge the DRT order under Section 17 of the SARFAESI Act, 2002, as the lease was created after the mortgage and the petitioner was not a party to the proceedings.

28 Jan 2019

The petitioner, Sri Rameshchandra, claiming to be the owner of a property, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

High Court of Karnataka Quashes Magistrate's Order for Appointment of Receiver in DRT Proceedings — Lack of Jurisdiction and Non-Compliance with Section 14 of SARFAESI Act. The court held that the Magistrate cannot appoint a receiver for property not in possession of the borrower and that the remedy under SARFAESI Act is exclusive.

28 Jan 2019

The petitioner, Sri Rameshchandra, claimed to be the owner of a property that was leased out to the second respondent, Sri P. Ravikumar. The first res...

High Court

Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

31 Oct 2017

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Arbitration Dispute. Court holds that no part of cause of action arose within its jurisdiction as contract was executed and performed in Chennai, and arbitration venue was Chennai.

16 Oct 2012

The petitioner, M/s. Roman Tarmat Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction restrain...

High Court

Bombay High Court Directs Magistrate to Implement SARFAESI Order for Bank Possession. Chief Metropolitan Magistrate Bound to Execute Section 14 Order for Taking Physical Possession of Secured Assets with Police Assistance.

10 Jun 2011

The petitioner, Kotak Mahindra Bank Limited, a banking company as defined in Clause 5 of the Banking Regulation Act, 1949, filed a criminal writ petit...

High Court

Bombay High Court Dismisses Bank's Petition to Quash Criminal Complaint in Loan Dispute — Civil Nature of Dispute Precludes Criminal Investigation. The court held that a loan transaction with clear terms does not give rise to criminal liability for cheating or criminal breach of trust, and quashed the complaint.

5 Apr 2005

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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