Search Results for "borrower's appeal"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "borrower's appeal"

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High Court

High Court of Karnataka Quashes Order of Registrar of Cooperative Societies in Souhardha Cooperative Dispute — Lack of Jurisdiction and Violation of Natural Justice. Registrar has no authority under Karnataka Souhardha Sahakari Act, 1997 to adjudicate disputes; such disputes must be referred to arbitration under Section 70 of the Act.

23 Oct 2025

The petitioner, Munireddy Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

High Court

High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

4 Sep 2025

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case, Upholding High Court Order Setting Aside District Magistrate's Decision. District Magistrate's Role Under Section 14 is Limited to Assisting Secured Creditor in Taking Possession, Not Adjudicating Tenancy Disputes, and Tenant's Remedy Lies Under Section 17 Before Debt Recovery Tribunal.

26 Sep 2022

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

High Court Dismisses Writ Petition Challenging Recall of Credit Facilities and SARFAESI Notice — Alternative Remedy Available. Petitioner's challenge to recall of credit facilities and SARFAESI notice dismissed as not maintainable due to availability of alternative remedy under Section 17 of SARFAESI Act.

8 Aug 2022

The petitioner, M/s Nitesh Residency Hotels Pvt. Ltd., a heavy borrower, filed a writ petition under Articles 226 and 227 of the Constitution of India...

High Court

High Court of Karnataka Allows Writ Petition Against Bank Forfeiture — Directs Refund of Rs.24.10 Lakhs Deposit with Interest. Forfeiture of deposit without contractual authority in auction sale is arbitrary and unjust, warranting refund with interest at 6% per annum.

20 Apr 2022

The petitioner, P Balaji Babu, participated in an auction conducted by the State Bank of India (respondent No.1) for the sale of immovable property ow...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

29 Oct 2018

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

High Court

Bombay High Court Allows Writ Petition Challenging Auction Sale of Guarantor's Property Without Notice Under Maharashtra Cooperative Societies Act. Court holds that sale of property belonging to a guarantor without notice under Section 101 and Rule 107 is void and liable to be set aside.

7 Aug 2018

The petitioner, Amit P. Modi, filed a writ petition challenging the auction sale of his property by the respondent no.5 society, for which he was a gu...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Alternative Remedy of Appeal Under Section 17(7) Available. Petitioners, as tenants of secured asset, cannot bypass statutory appellate remedy by invoking writ jurisdiction under Article 226 of the Constitution.

8 Aug 2017

The petitioners, who were tenants of a property that was a secured asset of the respondent HDB Financial Services Ltd., filed securitisation applicati...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent Act in Suit for Recovery of Loan Facilities — Defendant No. 5's Application Allowed as No Cause of Action Arose Within Jurisdiction. Territorial Jurisdiction Under Clause XII of Letters Patent Act, 1866 Requires Cause of Action to Arise Within Court's Limits; Mere Registered Office of Plaintiff Insufficient.

4 Feb 2013

The Plaintiff, Future Corporate Resources Ltd., filed a suit in the Bombay High Court for recovery of short-term loan facilities advanced to Defendant...

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