Search Results for "Debts Recovery Tribunal"

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "Debts Recovery Tribunal"

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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,...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

Gujarat High Court Dismisses Petition Challenging DRT Order in SARFAESI Matter — Upholds Bank's Possession for Non-Performing Asset. Held that DRT's refusal to grant interim relief was not perverse or without jurisdiction, and the petition under Article 226/227 was not maintainable as alternative remedy of appeal under Section 18 of SARFAESI Act was available.

13 Mar 2026

The petitioners, Prakashbhai Baldevbhai Patel and another, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India b...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — One Time Settlement Not Binding as Bank Did Not Accept Offer. Court Held That Mere Submission of OTS Proposal Does Not Create Binding Contract; Bank's Rejection Valid.

8 Jul 2024

The petitioners, borrowers of the respondent bank, challenged the order dated 22.09.2022 passed by the Debt Recovery Tribunal-I, Bangalore in Diary No...

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

23 Dec 2025

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

13 Oct 2011

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...

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...

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