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Search Results for "securitisation company"

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High Court

High Court Dismisses Arbitration Petitions Challenging Awards Under Multi-State Co-operative Societies Act -- Upholds Arbitrator's Jurisdiction in Banking Dispute with Co-operative Bank -- No Conflict Found with SARFAESI Act or RDB Act

12 Feb 2026

The High Court dismissed two Commercial Arbitration Petitions challenging arbitral awards passed by an Arbitrator appointed under Section 84 of Multi-...

High Court

High Court of Karnataka Dismisses Guarantor's Challenge to Sale Certificate and DRT Order Due to Inordinate Delay. Petitioner, a guarantor, challenged the sale of secured assets under SARFAESI Act after nine years, but the court held the petition barred by laches and upheld the DRT's dismissal of the application under Section 17 of the SARFAESI Act, 2002.

22 Jan 2024

The petitioner, Sri Anil H. Lad, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Asset Reconstruction Company's Appeal Against Auction Sale Set Aside Due to Lack of Jurisdiction and Limitation. The Court upheld the DRAT order dismissing the appeal as barred by limitation and on merits, confirming the auction sale in favour of the respondent.

11 Feb 2022

The petitioner, Phoenix ARC Pvt. Ltd., an asset reconstruction company registered under the SARFAESI Act, 2002, filed a writ petition challenging the ...

High Court

High Court of Karnataka Dismisses Appeal Against SARFAESI Proceedings — Writ Petition Not Maintainable Against Section 14 Order Without Exhausting Alternative Remedy Under Section 17. The Court held that an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not amenable to writ jurisdiction under Article 226 of the Constitution of India when an efficacious alternative remedy is available under Section 17 of the Act.

30 Nov 2021

The appellant, Sri Abdul Khader, filed a writ petition before the High Court of Karnataka challenging an order dated 05.12.2019 passed by the authorit...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

High Court

High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

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 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 Dismisses Writ Petitions Challenging SARFAESI Auction Sale Against Personal Guarantors. Alternative Remedy Under Section 17 of SARFAESI Act, 2002 Not Exhausted; Auction Sale Confirmed and Sale Certificate Issued.

25 Jan 2017

The petitioners, M/s Utkarsh Cement Sales Pvt. Ltd. and its directors/guarantors, filed two writ petitions before the Bombay High Court (Aurangabad Be...

High Court

Bombay High Court Directs District Magistrate to Dispose of SARFAESI Section 14 Application Within Statutory Time Limit — Amendment (44 of 2016) Mandates 30-Day Disposal. The court held that the District Magistrate must pass an order on an application under Section 14 of the SARFAESI Act within 30 days, extendable to 60 days, and the amendment applies to pending proceedings.

21 Nov 2016

The petitioner, Edelweiss Asset Reconstruction Company Limited, a financial institution registered under the SARFAESI Act, filed a writ petition befor...

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