Search Results for "SARFAESI Act override"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "SARFAESI Act override"

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High Court

High Court of Karnataka Hears Company Applications for Recall of Attachment and Leave to Sell Property in Winding-Up of BPL Engineering Limited. Issues Raised Include Whether SARFAESI Act Overrides Tax Department's Statutory First Charge under the Andhra Pradesh General Sales Tax Act and Central Sales Tax Act.

2 Jul 2026

The matter pertained to competing claims over an immovable property of BPL Engineering Limited (in liquidation), situated at Pashamylaram Village, San...

High Court

High Court of Karnataka Allows Canara Bank's Writ Petition Seeking Removal of Encumbrance Created by Commercial Tax Department on Mortgaged Property. Priority of Bank's Mortgage Over Statutory Charge Under Karnataka Value Added Tax Act, 2003 Upheld.

23 Sep 2025

The petitioner, Canara Bank, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the St...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

15 Oct 2024

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

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...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

11 Sep 2019

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

High Court

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.

24 Aug 2016

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

High Court

Bombay High Court Allows Writ Petition to Quash SARFAESI Act Notices and Orders Against Guarantors Due to Lack of Proper Service and Non-Compliance with Section 13(2) Requirements. The court held that proper service of notice under Section 13(2) of the SARFAESI Act is mandatory before taking possession under Section 13(4), and failure to prove service renders the entire action invalid.

17 Mar 2016

The petitioners, Shivabassappa I. Kankanwadi and his wife Sushila S. Kankanwadi, filed a writ petition before the Bombay High Court at Goa challenging...

High Court

Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

16 Jul 2015

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

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