Search Results for "Security Interest Enforcement"

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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 Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Security Interest Enforcement"

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High Court

Bombay High Court Decrees Suit in Favour of Financial Advisor in Commercial Summary Suit for Professional Fees — Interpretation of Mandate Letter Options for Success Fee on Cash Sales of NPAs. Court holds that where the Bank exercised option of 100% cash sales, the Financial Advisor is entitled to success fee at the higher rate of 0.50% on cash received, as per option (a) of the Mandate Letter dated 1 July 2017.

25 Feb 2025

The Plaintiff, Special Situation Advisors (India) Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in providing financial adviso...

Supreme Court

Supreme Court Dismisses Challenge to Enforcement of Foreign Award on Grounds of Arbitrator Bias — Upholds High Court Order. Alleged Conflict of Interest of Presiding Arbitrator Not Sufficient to Refuse Enforcement Under Section 48(2)(b) of Arbitration and Conciliation Act, 1996.

4 Mar 2024

The Supreme Court dismissed appeals challenging the enforcement of a foreign arbitral award. The dispute arose from a Share Subscription Agreement bet...

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...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

High Court of Bombay Restrains Invocation of Bank Guarantee in Contract Dispute Due to Disputed Claims and Absence of Clear Forfeiture Clause. The court held that an unconditional bank guarantee can be restrained only in cases of fraud or irretrievable injustice, but where the guarantee is not encashed and the dispute is pending, interim protection can be granted to maintain status quo.

5 Nov 2020

The petitioner, M/s. Cipel, a construction company, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judi...

High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

Supreme Court

Supreme Court Dismisses Appeal of Private Security Agency Against EPF Coverage — Security Guards Held Employees of Agency, Not Clients. The court held that a private security agency providing security guards on payment basis is covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, as it renders expert services under G.S.R. 805 dated 17.05.1971.

2 Dec 2020

The appellant, M/s. Panther Security Service Private Limited, is a private security agency registered under the Private Security Agencies (Regulation)...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

High Court of Karnataka Allows Bank's Appeal Against Single Judge Order in Writ Petition Challenging Endorsement Under SARFAESI Act. Writ Petition Challenging Endorsement Under Section 13(2) of SARFAESI Act Held Not Maintainable Due to Alternative Remedy Under Section 17.

29 Nov 2024

The appellants, Union Bank of India and its Chief Manager, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated...

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