Search Results for "conditional waiver"

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Search Results for "conditional waiver"

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High Court

Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

18 Jun 2026

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

High Court

High Court Dismisses Petition Challenging Conditional Stay on Arbitral Award in Development Agreement Dispute. Court upheld District Court's order requiring deposit of entire award amount with interest for stay under Section 36 of Arbitration and Conciliation Act, 1996, finding no legal infirmity or perversity warranting interference under Article 227 of Constitution of India.

18 Mar 2026

The dispute arose from a development agreement dated 17 November 2015 between the petitioners (developers) and respondents (original owners and stakeh...

High Court

Madras High Court Decrees Recovery of Port Charges in Favor of Chennai Port Trust Against Vessel Owner for Unpaid Berth Hire and Port Dues Under Major Port Trusts Act, 1963. The court held that the statutory charge under Section 64 of the Major Port Trusts Act, 1963 attaches to the vessel and the purchaser is liable for pre-existing dues, and waiver granted to previous owner is not binding on the plaintiff.

23 Jan 2026

The plaintiff, Board of Trustees of the Port of Chennai, filed a suit for recovery of Rs.1,08,84,931/- with interest at 15% per annum from the defenda...

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

High Court

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.

19 Dec 2024

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 ...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

Supreme Court Upholds National Commission's Power to Impose Deposit of Entire Decretal Amount as Stay Condition in Consumer Appeals. Pre-deposit of 50% under Section 51 of Consumer Protection Act, 2019 is Minimum Requirement, Not a Cap on Discretionary Stay Conditions.

12 Oct 2021

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (National Commission...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Quashes Cancellation of Plot Allotment in CIDCO Hospital Scheme — Petitioner's Partnership Firm Not Required to Register Under Bombay Public Trust Act. The court held that the condition for registration under the Bombay Public Trust Act applied only to charitable trusts, not to partnership firms, and that the petitioner had substantially complied with the eligibility criteria.

6 Dec 2016

The petitioner, Shushrusha Heart Care Centre and Specialty Center, a partnership firm, applied for allotment of Plot No. C-5 in CIDCO, Aurangabad, res...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

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