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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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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.

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

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

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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.

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

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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...