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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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STATEMENT OF FACTS AND GROUNDS OF APPEAL TO BE FILED BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) ALONGWITH FORM NO. 35 (Rule 45) UNDER THE INCOME TAX ACT,1961 AGAINST THE ASSESSING OFFICER’S ORDER U/S. 143(3) OF THE ACT
The Assessing Officer has passed an Order against the Assessee u/s 143 of The Income Tax Act. Now this needs to be challenged further. This is the precedent of Statement of Facts and Grounds of Appeal to be filed before Commissioner of Income Tax (Appeals) along with 35 [Rule 45] against the Order of the Assessing Officer.
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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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REPLY UNDER SECTION 13 (3A) OF SARFAESI, 2002 OF THE BORROWER/GUARANTORS TO STATUTORY NOTICE OF BANK/FINANCIAL INSTITUTION UNDER SECTION 13 (2) OF SARFAESIA, 2002
This is a precedent of reply under Section 13 (3A) of Sarfaesi, 2002 of the Borrower/Guarantors to statutory notice of Bank/Financial Institution under Section 13 (2) of Sarfaesi, 2002
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SUMMARY SUIT FOR RECOVERY OF AMOUNT FOR GOODS SOLD AND DELIVERED
This is the 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 amount for goods sold and delivered.
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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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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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APPLICATION SEEKING CONDONATION OF DELAY IN FILING APPEAL UNDER SECTION 58 OF THE COMPANIES ACT, 2013 READ WITH THE NATIONAL COMPANY LAW TRIBUNAL RULES 2016
There is a delay in filing an Appeal before NCLT for transferring the shares in favour of the Appellant. This is the standard precedent of an Application seeking condonation of delay in filing Appeal under Section 58 of the Companies Act, 2013 read with the National Company Law Tribunal Rules 2016.
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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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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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A SECURITISATION APPEAL TO DEBT RECOVERY APPELLATE TRIBUNAL CHALLENGING THE ORDER OF DEBT RECOVERY TRIBUNAL UNDER SECTION 18 OF THE SECURITISATION 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 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same. A Securitisation Application u/s. 17 of the said Act was filed by the Borrower before Debt Recovery Tribunal which is rejected. This is a precedent of an appeal u/s 18 of the said Act to Debt Recovery Appellate Tribunal challenging the said Order of Debt Recovery Tribunal.
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AN APPLICATION BY A THIRD PARTY TO DEBT RECOVERY TRIBUNAL FOR VACATING AN INJUNCTION ORDER PASSED AGAINST HIS PROPERTY FOR THE DEBT OF THE BORROWER
This is a precedent of an Application by a third party to Debt Recovery Tribunal for vacating an injunction order passed against his property for recovery of Debt of Borrowers/Guarantors.
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AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS TO DEBT RECOVERY TRIBUNAL UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 TO RECOVER DEBT
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. In this case systematic fraud is play upon the Applicant.
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