Ms Star Brillian Vs State Bank Of India
.... endants has been ‘enriched’ by the receipt of a ‘benefit’; secondly, that this enrichment is ‘at the expense of the plaintiffs; and thirdly, that the retention of the enrichment be unjust. This justifies restitution. Enrichment may take the form of direct advantage to the recipient wealth such a ...
Debts Recovery Appellate Tribunal, Kolkata Bench
LIC Housing Finance Ltd Vs Venkata Narayana Tummalapenta
.... d the impugned judgment on the ground that the documents i.e. notice under Section 13(2) of the SARFAESI Act, Possession Notice, affixation of possession notice, newspaper publication are not filed by the secured creditor. It is submitted that all the compliances were made but the documents coul ...
Debts Recovery Appellate Tribunal, Kolkata Bench
Bank of Baroda Vs M/s. Shalimar Exhibitors
.... as also to restrain the bank from taking possession of the excess property. The rooms which have been taken possession of were sought to be reclaimed and restored. 10. It is surprising that the Ld. Presiding Officer has granted relief which was never sought for, and that too at an interlocu ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Sanjeev Shriya Vs Stressed Assets Stabilization Fund and Ors
.... pplication has been rejected by the Tribunal below. Learned counsel for the appellant also submits that since it was a specific application filed by Shri Maneesh Mehrotra that in spite of intimation sent to the Law Firm, no instruction has been received by him and he had directly moved the ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Bank of Baroda Vs M/s Shalimar Exhibitors
.... .A. was also to restrain the bank from taking possession of the excess property. The rooms which have been taken possession of were sought to be reclaimed and restored. 10. It is surprising that the Ld. Presiding Officer has granted relief which was never sought for, and that too at an int ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Kumar Aluminium Ltd Vs Asset Reconstruction Company India Ltd
.... to the Appellate Tribunal. However, the right conferred under Section 18(1) is subject to the condition laid down in the second proviso thereto. The second proviso postulates that no appeal shall be entertained unless the borrower has deposited with the Appellate Tribunal f ...
Debts Recovery Appellate Tribunal, Delhi Bench
MUFG Bank Ltd (Formerly Known As The Bank Of Tokyo-Mitsubishi Ufj Ltd) Vs KLEN & Marshalls Manufacturers And Exportes Ltd
.... d that if the bank guarantee furnished is an unconditional and irrevocable one, it is not open to the bank to raise any objection whatsoever to pay the amounts under the guarantee. 13. The Ld. Counsel also relies on the decision of the Hon’ble Supreme Court in Oil and Natural Gas Corporati ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Dr Annasaheb Chougule Urban Co operative Bank Ltd Vs Sahebrao Marutrao Patil & Ors
.... thereof, the secured creditor ceases to have right, title or interest in the immovable property sold under the SARFAESI Act. Thus, the secured creditor does not retain the right to obtain possession of the immovable property upon issuance of the sale certificate and registration thereof. Point i ...
Debts Recovery Appellate Tribunal, Mumbai Bench
Vishwanath Gupta Vs Union Bank of India
.... ed 06.03.2024 was rejected on the ground that the property in question was mortgaged prior to the execution of Will in favour of the S.A.-applicant, therefore, the appellant does not have any locus-standi. After hearing the learned counsel for the appellant and after perusing the averment a ...
Debts Recovery Appellate Tribunal, Allahabad Bench
Pabba Vijay Kumar Vs Cholamandalam Investment and Finance Co Ltd
.... e matter as the outstanding due is more than 20% of the loan amount and provision of Sec. 31(j) will not be applicable. The issue is very short. Admittedly, the loan amount was Rs.1,27,06,867.00 as would appear in the Notice u/s 13(2) of the Act as well as Notice u/s 13(4) of the Act wherea ...
Debts Recovery Appellate Tribunal, Kolkata Bench
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