Search Results for "cooperative bank loan recovery"

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High Court

Bombay High Court Dismisses Petition Challenging Election Nomination Rejection in Cooperative Bank Election — Petitioner Failed to Provide Valid Caste Certificate for Reserved Category Candidate. The court held that the Returning Officer correctly rejected the nomination as the caste certificate was not from a competent authority, and the writ petition was not maintainable due to alternative remedy under Section 152 of the Maharashtra Cooperative Societies Act, 1960.

6 Nov 2023

The petitioner, Sunita Kharat, filed a writ petition challenging the rejection of her nomination form for the election of a director of the Jalna Dist...

High Court

Bombay High Court Dismisses Bank's Claim for Interest During Liquidation Period, Upholds Workers' Priority for Unpaid Wages. The court held that interest on credit facilities ceases to accrue upon commencement of liquidation under the Maharashtra Co-operative Societies Act, 1960, and that workers' wages have priority over secured creditors under Section 529A of the Companies Act, 1956 read with Section 114 of the MCS Act.

14 Oct 2022

The Petitioner-Bank, The Maharashtra State Co-operative Bank Ltd, had extended credit facilities to a co-operative society which subsequently went int...

High Court

Bombay High Court Dismisses Petition Challenging Return of Plaint in Co-operative Dispute Over OTS. Guarantor's Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960 Held Not Maintainable After Issuance of Recovery Certificate Under Section 101.

13 Jan 2022

The petitioners, Mr. Sadanand Belvalkar and another, were guarantors to a loan sanctioned by Vidya Sahakari Bank Limited (respondent no. 2) to M/s Mbe...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Stay in Cooperative Society Recovery Proceedings. Petitioner Failed to Demonstrate Prima Facie Case or Irreparable Loss in Auction of Mortgaged Property Under Maharashtra Cooperative Societies Act, 1960.

3 Jun 2019

The petitioner, Shri Shrirang Gajanan Hole, a member of Respondent No.2 Society (Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit), challen...

High Court

Bombay High Court Allows Arbitration Petitions Challenging Arbitral Award in Banking Dispute — Award Set Aside for Violation of Natural Justice and Failure to Consider Evidence. The court held that the arbitrator's failure to provide a reasoned award and consider the petitioners' evidence rendered the award contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

2 May 2015

The judgment pertains to two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award...

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 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

14 Sep 2012

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

High Court

High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute.

6 Feb 2012

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Ar...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Banking Dispute — Upholds Liability of Company but Sets Aside Award Against Directors for Lack of Evidence. The court held that directors cannot be held personally liable for company debt without personal guarantee or specific evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Mar 2011

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 31st March, 2006 p...

High Court

High Court of Bombay at Aurangabad Dismisses Leave to Appeal Against Acquittal in Negotiable Instruments Act Case — Complainant Failed to Prove Debt or Liability. The court held that the presumption under Section 139 of the Negotiable Instruments Act is rebuttable and the accused successfully rebutted it.

16 Feb 2010

The applicant, Ramkrishna Urban Cooperative Credit Society Ltd., filed a private complaint against the respondent, Rajendra Bhagchand Warma, alleging ...

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