Search Results for "Hypothecation"

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Search Results for "Hypothecation"

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High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

High Court of Karnataka Dismisses Writ Petition by Retired Partners in Debt Recovery Case Upholding DRT and DRAT Orders. Retired Partners Remain Liable for Original Bank Loan as Bank Did Not Formally Release Them Despite Reconstitution of Partnership Firm and Execution of Fresh Agreements with New Partners Under Indian Partnership Act, 1932.

16 Feb 2026

The dispute arose from a writ petition filed by two retired partners of M/s. Srishti Components, a partnership firm, challenging orders of the Debts R...

High Court

Bombay High Court Quashes FIR Against Accused in Cheating Case Due to Civil Nature of Dispute. Loan Default by Cooperative Bank Borrower Does Not Attract Criminal Offences Under Sections 406, 420 IPC When Transaction is Commercial and No Deception at Inception.

20 Oct 2011

The petitioner, Niranjan s/o Shripatrao Jadhav, was named as accused No.1 in Crime No.I-47/11 registered on 4.5.2011 with Bidkin Police Station, Distr...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitration Award in Cooperative Bank Dispute — No Interference Under Article 227 as Concurrent Findings of Fact and Law Are Not Perverse. The Court upheld the recovery certificate issued under the Multi-State Cooperative Societies Act, 2002, finding no jurisdictional error or violation of natural justice.

11 Nov 2025

The petitioner, TJSB Sahakari Bank Ltd., a multi-state cooperative bank, filed a writ petition under Article 227 of the Constitution of India challeng...

High Court

Bombay High Court Allows Suit for Insurance Claim in Fire Policy Dispute - Insurer Liable for Loss of Hypothecated Goods Despite Alleged Breach of Condition. The court held that the insurer failed to prove that the machinery breakdown condition was breached or that it caused the fire, and the plaintiffs had insurable interest in the goods.

10 Apr 2006

The plaintiffs, M/s T.T. Blades (a partnership firm manufacturing razor blades) and a bank (plaintiff no.2), filed a suit for recovery of Rs.4,44,155 ...

High Court

Bombay High Court Dismisses Appeal by Revenue Authorities in Stamp Duty Dispute — Security-cum-Mortgage Bond for Guaranteeing Third-Party Loan is Collateral Security Under Article 40(c) of Maharashtra Stamp Act, 1958, Not a Mortgage Deed Under Article 40(a).

8 Nov 2019

The present Letters Patent Appeal was filed by the Joint District Registrar and Collector of Stamps, Nagpur, and the Chief Controlling Revenue Authori...

Supreme Court

Supreme Court Dismisses Appeal in Arbitration Case Over Contract Termination and Interest Dispute. The court upheld the High Court's setting aside of arbitral award parts on forfeiture of security deposits and interest on certain advances, citing impermissible clause switching and lack of contractual basis for interest.

17 Mar 2023

The dispute arose from a construction contract between Indian Railway Construction Company Limited (IRCON) and National Buildings Construction Corpora...

High Court

Bombay High Court Allows Petition Challenging Stamp Duty Demand on Collateral Security Bond. Security-cum-Mortgage Bond executed as collateral security for loan is chargeable under Article 40(c) of Schedule I of Bombay Stamp Act, 1958, not as mortgage deed.

23 Dec 2005

The petitioner, M/s. Jaika Automobiles Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitutio...

High Court

High Court of Karnataka Quashes Charge Sheets Against Cooperative Society and Chairman in CBI Bank Fraud Case — Lack of Sanction Under Section 197 CrPC and Section 155(2) of Companies Act Renders Prosecution Invalid. The court held that prosecution for offences under the Companies Act requires prior sanction under Section 155(2), and in its absence, the charge sheets are liable to be quashed.

20 Feb 2019

The petitioners, M/s. Ghataprabha Sahakari Sakkare Karkhane Niyamit (a cooperative society) and its Chairman, Lakhan Laxmanrao Jarkiholi, filed two wr...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Dispute Over Insurance Deficiency — Bank Not Liable for Failure to Insure Hypothecated Assets Where Contract Imposed Primary Obligation on Borrower. The Court held that the bank's liberty to insure did not create a duty, and the borrower's indemnity clause shielded the bank from liability for uncovered losses.

20 May 2020

The appellant, Canara Bank, had extended credit facilities to the respondent, Leatheroid Plastics Pvt. Ltd., since 1980. On 4th January 2001, the bank...

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