Mr. Justice Amit Bansal

A litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action – A-One Realtors Pvt. Ltd Vs. Energy Efficiency Services Ltd. – Delhi High Court

/ 4 minutes of reading

Login with GoogleOR Username Password Remember Me     Forgot Password In case you’ve already logged in, click here

A litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action – A-One Realtors Pvt. Ltd Vs. Energy Efficiency Services Ltd. – Delhi High Court Read Post »

Whether there is any requirement or justification to fix a time limit by the CMM for taking possession of the secured asset while exercising jurisdiction under Section 14 of the SARFAESI Act? – Housing Development Finance Corporation Ltd. Vs. Rakesh Kumar & Ors. – Delhi High Court

/ 31 minutes of reading

The Hon’ble Court held that keeping in mind the objective of the SARFAESI Act i.e., to enable the secured borrowers to take physical possession of the assets of the defaulting borrowers in an expeditious manner, there is no requirement or justification for the CMM to impose time limits for the receiver to take physical possession of the secured asset. This would also curtail unnecessary litigation wherein applications for extension are filed before the CMM and upon the said applications being either allowed or declined by the CMM, petitions are filed before this Court challenging the said decision of the CMM.

Another issue in this case is in the context of proceedings initiated under the SARFAESI Act, whether an order passed in a civil suit instituted by a third party in respect of the mortgaged property/secured asset would bind the secured creditor, if the said secured creditor was not a party to the Civil Suit?

Whether there is any requirement or justification to fix a time limit by the CMM for taking possession of the secured asset while exercising jurisdiction under Section 14 of the SARFAESI Act? – Housing Development Finance Corporation Ltd. Vs. Rakesh Kumar & Ors. – Delhi High Court Read Post »

Scroll to Top