Nihar Ranjan Bhattacharjee vs UOI and Ors.
Challenge to initiation of recovery proceedings-Alternate remedy-A notice for initiation of proceedings under s. 13 of the SRFAESI Act 2002 could not be challenged by invoking jurisdiction under article 226 of the C [LexDoc Id : 326652]
D. Srikanth vs Industrial Development Bank of India
Enforcement of security interest-No bar on creditor-There was no provisions under the SRFAESI Act 2002 or any other Act that constrained a creditor from pursuing remedies till conclusion of recovery pro [LexDoc Id : 329305]
Durga Hotel Complex vs RBI and Ors.
Jurisdiction of Banking Ombudsman-Proceedings before the DRT-The Banking Ombudsman could not pass an award in a dispute once the dispute was referred to the Debts Recovery Tribunal. Therefore, the Supreme Court [LexDoc Id : 316825]
Shakeena, P. Shahul Hameed vs Bank of India
Rights of a mortgagor-Redemption of mortgage-A mortgagor's right to redeem survived until completion of sale by the mortgagee by registration of sale-deed. [LexDoc Id : 325835]
HC (Chennai)
2007
N.K. Wahi vs Shekhar Singh and Ors.
Dishonour of cheque-Liability of directors-A complaint under s.138 of the Negotiable Instrument Act 1881 against the respondents was quashed because there was no specific averment made in the c [LexDoc Id : 316508]
SC
2007
Anilbhai M. Patel and Ors. vs Suryapur Bank Agent D.B.H. Samiti and Ors.
Cooperative societies-Mismanagement of affairs-The Supreme Court observed that the Single Judge, instead of deciding the case of mismanagement of affairs on merits, should have directed the petitio [LexDoc Id : 316510]
SC
2007
P. Suresh Kumar vs R. Shankar
Dishonour of cheque-Award of compensation-The court could not consider any question of culpability of the respondent in an appeal filed by the complainant for enhancement of punishment of the [LexDoc Id : 316507]
SC
2007
UCO Bank vs Dipak Debbarma and Ors.
Recovery of dues by banks-Maintainability of writ petition-A writ petition challenging the bank’s action of putting up the borrower’s mortgaged property for sale as he had defaulted in repaying the due owed by [LexDoc Id : 322435]
Srinivasa Rice and Flour Mill and Ors. vs State Bank of India and Anr.
Exercise of discretion by bank-No judicial intervention-A plea to the High Court urging it to intervene in the discretion exercised by the respondent-bank in classifying a debt as a non-performing asset was [LexDoc Id : 324422]
HC (Andhra Pradesh)
2007
Srinivasa Rice and Flour Mill and Ors. vs State Bank of India and Anr.
Enforcement of security interest-Non-performing assets-The High Court was not constituted as an appellate authority to adjudicate exercise of due discretion by a bank in the capacity of a secured creditor [LexDoc Id : 324313]
Lakshmi Products vs State Bank of India
Mortgage property-Recovery of possession-The bank/financial institution was entitled to take actual possession of the asset from the borrower or any other person in term of s.13(4) of the SAR [LexDoc Id : 323286]
