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19 judgments · newest first · showing 1–19
The petitioners, Saba Babu alias Krishna Goveakar and another, filed a writ petition seeking a declaration of rights under Section 8‑A of the Mundkar Act concerning a house they allege to be a Mundkar house. They claimed that an order dated 11 August 2026 appointing a receiver under Sections 25‑29 …
The Yogoda Satsanga Society of India filed a writ petition challenging a waiver of pre‑deposit order by the Debts Recovery Appellate Tribunal (DRAT) concerning the sale of a property attached by the Debt Recovery Tribunal (DRT‑II). The petition arose from a series of proceedings dating back to 2004, …
M/s. Kalpak Polyplastic Industries and others filed a writ petition seeking a limited direction to the Debt Recovery Tribunal (DRT‑II, Mumbai) to consider and dispose of their interim applications for waiver of pre‑deposit and an interim stay. The respondents, Central Bank of India, argued that …
The petitioner, Shagufta Tarique Khan, sought relief from a notice dated 30 March 2026 issued by the Assistant Registrar of the Debt Recovery Tribunal (DRT) that prescribed a strict procedure for urgent matters, claiming it was arbitrary and left no scope for her to obtain an interim order before …
The appellants, directors of M/s Tirupati Storage, defaulted on a term loan from UCO Bank, leading to recovery proceedings and a decree by the Debt Recovery Tribunal (DRT) in 2012. Subsequent appeals before the Debt Recovery Appellate Tribunal (DRAT) were dismissed in 2015 for failure to make the …
The petitioner, Shashi Kant Shekhar, purchased plot No. 2951 in an auction conducted by the Debt Recovery Tribunal, Patna, for Rs. 5.63 crore, a sale that became final. The State of Bihar officials later issued a letter directing demolition of the boundary wall and construction of a Scheduled Caste …
The petitioners, members of Abhyudaya Co‑Op Bank, defaulted on loan repayments and the bank referred the dispute to arbitration under Section 84 of the Multi‑State Co‑operative Societies Act, 2002, also invoking the SARFAESI Act. The arbitrator issued awards which the petitioners challenged under …
The petitioners, members of Abhyudaya Co‑op Bank, defaulted on loan repayments and the bank referred the dispute to arbitration under Section 84 of the Multi‑State Co‑operative Societies Act, 2002, also invoking the SARFAESI Act for security enforcement. The arbitrator issued awards which the …
The State Bank of India (SBI) had secured credit facilities from Tanya Energy Enterprises, which defaulted and faced recovery proceedings under the SARFAESI Act and the Recovery of Debts and Bankruptcy Act. SBI introduced a One Time Settlement (OTS) 2020 Scheme requiring a 5% up‑front payment for …
The Supreme Court examined whether secured creditors could claim priority over assets attached under the Prevention of Money Laundering Act (PMLA) and the Maharashtra Protection of Investors and Depositors Act (MPID Act) by invoking the SARFAESI Act and the Recovery of Debts and Bankruptcy (RDB) …
The petitioners challenged the constitutionality of sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019, which base the pecuniary jurisdiction of district, state and national consumer commissions on the value of consideration paid rather than the compensation claimed. …
The appellant, managing director of Totem Infrastructure Ltd., challenged the admission of a Section 7 Insolvency and Bankruptcy Code (IBC) application filed by State Bank of India (SBI) before the NCLT, arguing that the claim was barred by limitation and the doctrine of election. The banks had …
The MP High Court Bar Association filed a writ petition under Article 32 challenging the amendment to the Debt Recovery Tribunals (DRTs) and Debt Recovery Appellate Tribunals (DRATs) Electronic Filing Rules, 2020, which made e‑filing of pleadings mandatory in all cases from 31 January 2023. The …
The Supreme Court examined appeals arising from SARFAESI Act proceedings where a borrower (Sidha Neelkanth Paper Industries) defaulted on a loan, the secured assets were auctioned, and the auction proceeds exceeded 50% of the claimed debt. The borrower challenged both the steps taken under Section …
The appeal arose from a High Court order dismissing a writ petition that had confirmed the Debts Recovery Appellate Tribunal's (DRAT) order attaching shares of XLO India Ltd (appellant No.1) during the pendency of Appeal No.1/2020 before the Debts Recovery Tribunal (DRT), Jaipur. The DRAT had also …
Kotak Mahindra Bank appealed against a Delhi High Court order that allowed guarantors Ambuj Kasliwal and others to file an appeal before the Debt Recovery Appellate Tribunal (DRAT) without making any pre‑deposit of the debt due, as required under Section 21 of the Recovery of Debts and Bankruptcy …
The borrower defaulted on a loan secured by a mortgage offered by the guarantor, leading State Bank of India to initiate SARFAESI proceedings and eventually auction the secured assets, which were purchased by Tripower Enterprises. The bank sought the return of original title documents deposited with …
Standard Chartered Bank filed a Section 19 application before the Debt Recovery Tribunal (DRT) to recover a debt of about Rs 191 crore from MSTC Limited. After the DRT allowed an intervening application, the respondent appealed, withdrew the appeal, and then filed a review petition under Rule 5A, …
International Asset Reconstruction Company of India Ltd. appealed to the Debt Recovery Tribunal against an order of the Recovery Officer, but the appeal was filed after the 30‑day period prescribed under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993. The central issue was whether …
