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Search Results for "DRAT order"

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High Court

Bombay High Court Allows HDFC Bank's Petition Against DRAT Remand Order in Debt Recovery Dispute. Court holds that DRAT failed to exercise jurisdiction by remanding the matter to DRT without deciding the issue of whether HDFC's claim constitutes a 'debt' under Section 2(g) of the Recovery of Debts and Bankruptcy Act, 1993.

20 Feb 2025

The Bombay High Court disposed of two writ petitions arising from a common order of the Debt Recovery Appellate Tribunal (DRAT) dated 26 April 2024. T...

High Court

Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

30 Nov 2016

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...

High Court

High Court of Bombay Quashes DRAT Order in SARFAESI Act Case for Exceeding Jurisdiction Under Section 18 — Bank's Possession of Secured Asset Upheld Despite Alleged Procedural Irregularities.

1 Jul 2017

The case involves a dispute between IDBI Bank Ltd (Petitioner) and Aditya Logistics (I) Pvt. Ltd. and others (Respondents) concerning the enforcement ...

High Court

Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

8 Jun 2026

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

High Court

Bombay High Court Allows Writ Petition of Asset Reconstruction Company in SARFAESI Act Matter — DRAT Order Setting Aside Condonation of Delay Quashed. The Court held that the guarantor's delay in filing claim affidavit was not inordinate and the DRT's discretion to condone delay should not have been interfered with, ensuring adjudication on merits.

29 Oct 2020

The petitioner, International Asset Reconstruction Co Pvt Ltd, an asset reconstruction company acting as trustee of IARC-BOB-01/07 Trust, filed a writ...

High Court

High Court of Karnataka Dismisses Writ Petition by Chinese Company Challenging DRAT Order in Debt Recovery Matter — Maintainability of Writ Against Interlocutory Orders Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The court held that a writ petition under Articles 226 and 227 of the Constitution is not maintainable against an interlocutory order passed by the DRAT in a pending appeal, as the petitioner has an alternative remedy of statutory appeal under Section 20 of the RDB Act.

8 Jan 2018

The petitioner, Sepco Electric Power Construction Corporation, a Chinese company, filed a writ petition under Articles 226 and 227 of the Constitution...

High Court

Bombay High Court Upholds DRAT Order Requiring 75% Deposit Under Section 21 of RDB Act in Debt Recovery Appeal — No Waiver Granted as Petitioner Failed to Establish Prima Facie Case or Financial Hardship.

22 Dec 2011

The petitioner, M/s. Sterlite Technologies Ltd., filed a writ petition under Article 226 of the Constitution challenging an order of the Debts Recover...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Upholding DRT's Refusal to Condon Delay in Filing Appeal Against Recovery Certificate. The court held that the petitioner failed to show sufficient cause for the delay of over 7 years in filing the appeal under Section 20(3) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

29 Aug 2012

The petitioner, Manilal Govindji Khona, a sole proprietor of Messrs. Prisiko Cotton Traders, filed a writ petition challenging the order dated 10.4.20...

High Court

Bombay High Court Dismisses MSFC's Petition Challenging DRAT Order Granting Cross-Examination in Loan Recovery Case. Right to Cross-Examine Affidavit Deponent Is a Valuable Right Not Barred by Rule 12(6) of DRT Procedure Rules.

2 Apr 2016

The petitioner, Maharashtra State Financial Corporation (MSFC), filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

8 Mar 2016

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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