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Search Results for "SARFAESI auction"

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High Court

High Court of Judicature at Bombay Sets Aside Recovery Notices for Sugarcane Purchase Tax and Sales Tax from Auction Purchaser; Petitioner Not Liable for Pre-existing Statutory Dues of Defaulter Sugar Factory. Sale of Secured Assets under SARFAESI Act on 'As Is Where Is' Basis Did Not Include Notice of Tax Dues Absent from Revenue Records at Time of Bid Submission.

1 Aug 2017

The matter arose from a writ petition filed by a sugar factory (petitioner) challenging communications dated 29th November 2016 and 23rd January 2017 ...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

14 Dec 2022

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

High Court

Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

17 Nov 2011

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

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...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Alternative Remedy Under Section 17 SARFAESI Act Available. Possession Notice Defect Does Not Vitiate Auction Sale After Confirmation; Auction Purchaser's Title Upheld.

30 Nov -0001

The petitioners, Janakalyan Sahakari Bank Limited and Mohanish Rajak, filed a writ petition under Article 226 of the Constitution of India challenging...

Supreme Court

Supreme Court Affirms Setting Aside of Auction Sale for Non-Compliance with Mandatory Notice Under SARFAESI Act — Orders Refund with 12% Compound Interest. The Bank's failure to issue mandatory 30-day notice under Rules 8(6) and 8(7) of Security Interest (Enforcement) Rules, 2002 rendered the auction void, and the auction purchaser's status reverted to tenant.

18 Apr 2024

The appellants, Govind Kumar Sharma and another, were tenants in a property that was auctioned by the Bank of Baroda under the Securitisation and Reco...

High Court

Bombay High Court Directs Removal of Central Excise Lien on Property Sold Under SARFAESI Act, Orders Registration of Sale Certificate. The Court held that the sale under the SARFAESI Act extinguishes all prior encumbrances, including statutory liens of the Excise Department, and the Sub-Registrar cannot refuse registration of the sale certificate on the ground of such prior encumbrance.

28 Jun 2023

The Petitioner, Ronak Industries, a partnership firm, purchased an immovable property (Survey No.366/5 and 366/6, admeasuring 2400 sq.mtrs, along with...

High Court

Bombay High Court Quashes Sales Tax Attachment on Property Purchased in SARFAESI Auction — Priority of Secured Creditor Over Crown Debt. Attachment order set aside as property was sold by secured creditor under SARFAESI Act before attachment, and sales tax dues do not have priority over secured creditor's rights under Section 26E of SARFAESI Act.

16 Oct 2015

The petitioners, Sherwood Resorts Pvt. Ltd. and its shareholder, challenged an attachment order dated 29th April 2013 passed by the Sales Tax Officer ...

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