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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
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This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 TO DEBT RECOVERY TRIBUNAL
This is a precedent of an Application by Banks/Financial Institutions under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 to recover debt before Debt Recovery Tribunal.
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APPEAL BEFORE THE SESSIONS COURT U/S. 374(3) OF THE CODE OF CRIMINAL PROCEDURE, 1973 AGAINST THE JUDGMENT AND ORDER OF CONVICTION BY MAGISTRATE’S COURT
The person is convicted by the Learned Magistrate’s Court. The Appeal is to be preferred. This is the precedent of an Appeal before the Sessions Court u/s. 374(3) of the Code of Criminal Procedure, 1973 against the Judgment and Order of Conviction by Magistrate’s Court.
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NOTICE TO BORROWERS AND THE GUARANTORS UNDER SECTION 13 (2) OF SARFAESIA, 2002 BY BANKS/FINANCIAL INSTITUTIONS
This is a precedent of notice by the Banks/Financial Institutions to the Borrower and the guarantors under Section 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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RERA – APPEAL TO APPELLATE TRIBUNAL AGAINST THE ORDER OF MEMBER/ADJUDICATING OFFICER
This is a precedent of an Appeal to be filed before The Real Estate Appellate Tribunal against the Order of member/adjudicating officer under the provisions of The Real Estate (Regulation and Development) Act, 2016 (RERA).
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SUIT BEFORE THE SMALL CAUSES COURT FOR RECOVERY OF POSSESSION ON THE GROUND THAT – (i) THE TENANT HAS UNLAWFULLY SUB-LET OR GIVEN ON LICENSE THE PREMISES UNDER SECTION 16(1)(e) OF THE MAHARASHTRA RENT CONTROL ACT, 1999; AND (ii) THE PREMISES ARE REQUIRED FOR THE IMMEDIATE PURPOSE OF DEMOLITION ORDERED BY ANY MUNICIPAL AUTHORITY OR OTHER COMPETENT AUTHORITY UNDER SECTION 16(1)(k) OF THE MAHARASHTRA RENT CONTROL ACT, 1999.
This is a precedent of an eviction suit to be filed before the Small Causes Court or before the court of civil judge for recovery of possession of the tenanted premises on the grounds that the Tenant has unlawfully sublet or given on license the premises as contemplated under section 16(1)(e) of the Maharashtra Rent Control Act, 1999 and further that the said premises are required by the landlord for immediate demolition as ordered by the concerned authority under section 16(1)(e) of the Maharashtra Rent Control Act, 1999 .
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AN APPLICATION UNDER SECTION 17 OF THE SECUTARISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002
The Bank/Financial Institution has issued a notice u/s. 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same. This is a precedent of an application under Section 17 of the Secutarisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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APPEAL UNDER SECTION 58 (4) OF THE COMPANIES ACT, 2013 READ WITH RULE 70 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 AGAINST THE COMPANY’S REFUSAL TO TRANSFER THE SAID SHARES
The equity shares in a Public Limited Company is standing in the name of the deceased. The Petitioner is legally entitled to the same. However, the Company has refused to transfer the said shares in favour of the Petitioner without sufficient cause. This is a standard precedent of Appeal under Section 58(4) of the Companies Act, 2013 read with Rule 70 of the National Company Law Tribunal Rules, 2016 against the Company’s refusal to transfer the said shares.
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APPEAL UNDER SECTION 15-T OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992, BEFORE THE SECURITIES APPELLATE TRIBUNAL (SAT) CHALLENGING THE ORDER (PENALTIES AND ADJUDICATION) OF SECURITIES AND EXCHANGE BOARD OF INDIA PASSED UNDER CHAPTER VIA OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992
This is a precedent of an appeal under section 15-T of the Securities and Exchange Board of India Act, 1992, before the Securities Appellate Tribunal (SAT) challenging the order (Penalties and Adjudication) of Securities and Exchange Board of India passed under Chapter via of the Securities and Exchange Board of India Act, 1992.
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AN APPLICATION UNDER SECTION 17 OF THE SECUTARISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY A THIRD PARTY WHO IS NEITHER BORROWER NOR GUARANTOR
The Bank/Financial Institution has issued a Notice u/s. 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same against the property of a third party who is neither a borrower nor a guarantor nor in any manner responsible to Bank/ Financial Institution. This is a precedent of an application under Section 17 of the Secutarisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by a third party to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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SUMMARY SUIT FOR MONEY LENT AND ADVANCED
This is a precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 before appropriate court for recovery of money lent and advanced.
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FIRST APPEAL CHALLENGING THE JUDGMENT AND DECREE PASSED BY THE LOWER CIVIL COURT BEFORE THE SUPERIOR COURT
This is a precedent of First Appeal to High Court. First Appeal challenging the Judgment and order passed by the Lower Civil Court before the Superior Court. An aggrieved party to any decree, which was passed by a Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a higher authority designated for this purpose, unless the provisions of any statute make an exception for it.
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AN APPLICATION TO CHIEF METROPOLITAN MAGISTRATE OR DISTRICT MAGISTRATE BY BANKS/FINANCIAL INSTITUTIONS/ SECURED CREDITOR U/S. 14 OF SARFAESI ACT, 2002 FOR THE PURPOSE OF TAKING POSSESSION/FORCIBLE POSSESSION OR CONTROL OF THE SECURED ASSET
This is a precedent of an Application to Chief Metropolitan Magistrate or District Magistrate by Banks/Financial Institutions/Secured Creditor u/s. 14 of SARFAESI Act, 2002 for the purpose of taking possession/forcible possession or control of the Secured Asset. The Bank/Financial Institution/ Secured Creditor has become entitled to the possession of the Secured Asset under the provisions of SARFAESI Act, however, the Borrower is not co-operating.
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