Search Results for "time-barred debt"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "time-barred debt"

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Supreme Court

Supreme Court Hears Reference on Interpretation of Section 9A CPC (Maharashtra Amendment) — Jurisdiction Includes Limitation. The court examines whether the expression 'jurisdiction of the Court to entertain such suit' under Section 9A includes the issue of limitation, doubting the correctness of Foreshore Cooperative Housing Society v. Praveen D. Desai.

4 Oct 2019

The Supreme Court considered a reference made by a Division Bench doubting the correctness of the decision in Foreshore Cooperative Housing Society Li...

High Court

Mumbai Tenant Eviction Dispute Revisited by High Court. High Court Remands Case to Small Causes Court for Fresh Determination on Rent Payment Compliance

27 Jun 2024

The eviction of a tenant from a property in Mumbai due to alleged rent arrears. The tenant disputes the rulings of the Small Causes Court and its Appe...

High Court

Bombay High Court Dismisses Appeals by Electricity Board Against MSEFC Awards Due to Limitation — Limitation Period Under Section 34 of Arbitration Act Applies to MSMED Act Awards. Delay of 120 days cannot be condoned as per Section 34(3) proviso, and no sufficient cause was shown for the delay in filing the applications to set aside the awards.

27 Aug 2018

The case involves nine commercial appeals filed by various micro and small enterprises (appellants) against the Maharashtra State Electricity Distribu...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Section 21 Not Applicable at Condonation Stage. The court ruled that the pre-deposit requirement under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 applies only at the stage of entertainment of appeal, not at the stage of considering an application for condonation of delay.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 of the Debt Recovery Appellate Tribunal (DRAT), Mum...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Pre-deposit Not Required at Condonation of Delay Stage. The court ruled that Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not mandate pre-deposit before considering an application for condonation of delay in filing an appeal under Section 20 of the Act.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 passed by the Debt Recovery Appellate Tribunal (DRA...

Supreme Court

Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

18 Jul 2024

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

Supreme Court

Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

19 Nov 2019

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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