WRIT PETITION NO. 10533 OF 2023
2 May 2025...
Search Results for "attachment and sale"
691 result(s) found
Found 691 result(s)
Supreme Court
Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.
14 May 2024The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...
- 633
Supreme Court
Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.
16 Feb 2022The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...
- 293
Supreme Court
Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).
20 Aug 2019The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...
- 269
High Court
Bombay High Court Dismisses Petition Challenging Attachment Order Under Maharashtra Cooperative Societies Act — Creditor Can Execute Recovery Certificate Against Any Available Property Despite Prior SARFAESI Proceedings. The court held that there is no legal bar to a creditor simultaneously proceeding under the SARFAESI Act and executing a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 against other properties of the debtor.
25 Mar 2019The petitioners, M/s Anjali Tours & Travels and Others, filed a writ petition before the Bombay High Court challenging an attachment order issued by t...
- 141
High Court
Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.
24 Aug 2018The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...
- 53
High Court
Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.
16 Apr 2015The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...
- 136
High Court
High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.
30 Apr 2014The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...
- 16
High Court
High Court Dismisses Appeal Against Winding-Up Order in Bond Default Case; Upholds Adverse Remarks Against Directors for Fund Diversion. Company Found Unable to Pay Debts and Substratum Lost, Justifying Winding Up Under Sections 433(e) and 433(f) of Companies Act, 1956.
23 Apr 2014The appeal arose from a winding-up order passed by the learned company Judge against Zenith Infotech Limited (the appellant) in a petition filed by Th...
High Court
High Court of Karnataka Allows Auction Purchaser's Writ Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Limitation Period Computed from Date of Confirmation of Sale, Not from Date of Sale Certificate. The court held that the application for delivery of possession filed within one year from the date of confirmation of sale is within limitation under Article 134 of the Limitation Act, 1963.
24 Mar 2014The petitioner, Abdul Ubedulla, was the auction purchaser in a court sale conducted in execution of a decree in O.S. No. 123/1999 on the file of the P...
- 55
