Search Results for "conditional attachment"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "conditional attachment"

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High Court

Bombay High Court Allows Writ Petition Quashing MPID Act Attachment Against Corporate Debtor's Property. Section 32A IBC Overrides MPID Act as Property Acquired Prior to Offence and Corporate Debtor Not Accused.

8 Jun 2026

The petitioner, Dwarka Iron Industries Pvt. Ltd., as the Successful Resolution Applicant of the corporate debtor M/s. Abhirama Steels Limited, filed a...

Supreme Court

Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

12 Feb 2026

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

High Court

High Court of Karnataka Allows Appeal in Commercial Suit for Attachment Before Judgment — Order XXXVIII Rule 5 CPC Requires Strong Prima Facie Case and Risk of Dissipation of Assets. Plaintiff's Application for Attachment Before Judgment Was Wrongly Rejected by Trial Court Despite Evidence of Debt and Asset Disposal.

19 Aug 2024

The appellant/plaintiff, M/s SGK Agencies Private Limited, filed a commercial suit (Com.OS No.237/2023) against the respondents/defendants, M/s Bremel...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

Bombay High Court Allows MPID Act Appeal for Return of Seized Property to Accused Pending Trial — Property Not Proceeds of Crime Under MPID Act. Court holds that Section 3 of MPID Act does not authorize continued retention of property not linked to deposits, and directs release of vehicle and cash to appellant subject to conditions.

30 Nov 2017

The Bombay High Court allowed Criminal Appeal No. 813 of 2016 filed by Suresh Raju Shetty, challenging an order of the Designated Court under the Maha...

High Court

Bombay High Court Dismisses Writ Petition Challenging Conditional Attachment Order in Co-operative Bank Dispute. Arbitrator's Power Under Section 84 of Multi-State Co-operative Societies Act, 2002 Includes Power to Pass Conditional Attachment Orders.

24 Jun 2014

The petitioners, Rohan M. Kapoor and others, challenged an order dated 10.01.2011 passed by an arbitrator appointed by the Central Registrar under Sec...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

Bombay High Court Allows Petition of Notified Person Under Special Courts Act, Holding Attached Property Cannot Be Sold in Debt Recovery Execution Without Custodian's Consent. Attachment Under Section 3(3) of Special Courts Act, 1992 Prevails Over Certificate Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

17 Jan 2006

The petitioner, Ketan Parekh, was declared a notified party on 6.10.2001 under the Special Courts (Trial of Offences Relating to Transactions in Secur...

High Court

Bombay High Court Quashes Attachment Order in Arbitration Under Multi-State Co-operative Societies Act, 2002 — Arbitrator Lacks Power to Attach Non-Mortgaged Property Before Award. The court held that Section 96 of the Act must be read with Section 84, limiting attachment to property mortgaged to the society.

24 Aug 2005

The Saraswat Co-operative Bank Ltd. initiated arbitration proceedings under Section 84 of the Multi-State Co-operative Societies Act, 2002 against M/s...

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