Search Results for "Securitisation"

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Search Results for "Securitisation"

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High Court

Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

21 Apr 2026

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

Supreme Court

Supreme Court Sets Aside High Court Order Waiving Predeposit for Appeal Under SARFAESI Act. Mandatory Deposit Under Section 18 Cannot Be Waived Even by High Court Under Article 226.

2 Mar 2020

The Supreme Court considered appeals against the Bombay High Court's order dated 25.11.2019 and 16.12.2019, which had relegated the appellant (Union B...

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

High Court of Karnataka Dismisses Guarantor's Writ Petition Challenging DRAT Order for Non-Compliance with Pre-Deposit Condition Under Section 18 of SARFAESI Act. Petitioner failed to deposit 50% of the debt due as mandated by Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, leading to dismissal of appeal and writ petition.

20 Feb 2025

The petitioner, Kailasam P, was a guarantor for a loan of Rs.12,84,46,406.76 as quantified on 04.04.2017. The Karnataka Bank Ltd. initiated recovery p...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

Supreme Court

Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures.

1 Aug 2026

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited ...

High Court

Bombay High Court Allows Writ Petition by Banks Against Additional District Magistrate's Order Disposing Section 14 SARFAESI Application Without Taking Possession. The Court Held That the Magistrate's Role Under Section 14 Is Ministerial and Cannot Adjudicate on the Validity of the Underlying Debt or Security Interest.

19 Jul 2022

The petitioners, authorized officers of four financial institutions (IDBI Bank, Axis Bank, Bank of Baroda, and CFM Asset Reconstruction Pvt. Ltd.), ha...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

10 Dec 2013

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

High Court

Bombay High Court Directs Time-Bound Disposal of Section 14 SARFAESI Application by Chief Metropolitan Magistrate. Secured Creditor's Right to Expeditious Possession of Secured Assets Upheld Under Section 14 of SARFAESI Act, 2002.

22 Dec 2017

The petitioner, Capital First Ltd., a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Int...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Considers Multiple Writ Petitions Against Maharashtra State Co-operative Bank's Securitisation Action Over Sugar Factory Assets. The Core Legal Question is Whether a Co-operative Bank Qualifies as a 'Bank' Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and the Validity of Measures Taken Under Section 13(4) Thereof.

19 Dec 2006

The matter arose from multiple writ petitions filed before the Bombay High Court (Aurangabad Bench) concerning the assets of Shankar Sahakari Sakhar K...

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