Bank Of India Vs M/s Sri Nangli Rice Mills Pvt. Ltd. & Ors
.... ly, unequivocally mentions that parties to dispute must have consented in writing for determination of such dispute by conciliation or arbitration and the provisions of that Act shall apply accordingly. There is no such written consent. 60. In Oriental Bank of Commerce (supra) the dispute ...
Supreme Court Of India
Panjab Nation Bank Acting Vs Additional District Magistrate And Others
.... yment to the borrower. (5A) Where the sale of an immovable property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less than such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured ...
Madhya Pradesh High Court (Indore Bench)
Murtaza Malik And Others Vs LIC Housing Finance Limited
.... h sale deed has been deposited with the Bank along with the share certificate and other documents for creating an equitable mortgage and the Bank has initiated action in that behalf under the 2002 Act, is indisputable. If so, the question of permitting Respondents 5 and 6 (writ petitioners) to ap ...
Madhya Pradesh High Court (Indore Bench)
Amanjyot Singh Gulati Vs Mr. Navneet Kumar Jain Resolution Professional
.... n (2) is issued by the Bank for enforcing the security interest. Section 13, sub-section (1) and (2) of the SARFAESI Act is as follows: “13. Enforcement of security interest.—( 1) Notwithstanding anything contained in section 69 or section 69A of the Transfer of Property Act, 1882 (4 of 18 ...
National Company Law Appellate Tribunal New Delhi
Bell Finvest India Limited & Ors Vs A U Small Finance Bank Limited
.... that behalf and further lays down that all questions about the said right and liability shall be determined by the court or tribunals so empowered and vested with exclusive jurisdiction. Therefore, mere creation of a specific forum as a substitute for civil court or specifying the civil court, m ...
Delhi High Court
S.Dharmar Vs M/S.Aspire Home Finance Corporation Limited, Represented By Its Authorized Officer
.... under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and that this rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of public money and the dues of banks and other financial institutions. In our view, w ...
Madras High Court (Madurai Bench)
M.Jayan Vs Authorized Officer, Bank Of Baroda And Others
.... t the High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and that this rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of public money and the dues ...
Madras High Court (Madurai Bench)
K.Sethuraman Vs Authorized Officer And Others
.... cide the matters within a fixed time schedule. It is thus evident that the remedies available to an aggrieved person under the SARFAESI Act are both expeditious and effective. 43. Unfortunately, the High Court overlooked the settled law that the High Court will ordinarily not entertain a pe ...
Madras High Court (Madurai Bench)
Jalgaon Janta Sahakari Bank Ltd. & Anr Vs Joint Commissioner Of Sales Tax Nodal 9, Mumbai, & Anr
.... reditors over all other dues and taxes, after registration with the CERSAI except in cases where proceedings under the provisions of the I & B Code are pending. These changes were introduced for the first time “to suit changing credit landscape and augment ease of doing business”, as appears ...
Bombay High Court
State Bank of India Vs M/s. Yadav Builders & Developers, a Partnership Firm, & 34 Ors
.... icature in Raj Corporation & Anr. Vs. Bank of Baroda & Ors. 2004 (4) Mah. L.J. 278 (DB) and the decisions of the Hon’ble Apex Court in State Bank of Bikaner & Jaipur Vs. Ballabh Das & Co. AIR 1999 SC 3408 and Eureka Forbes Ltd. Vs. Allahabad Bank & Ors. 2010 (6) SCC 193 ...
Debts Recovery Appellate Tribunal, Mumbai Bench
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