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High Court Allows Writ Petition, Quashes DRAT Order Imposing Pre-deposit on Tenant Under SARFAESI Act -- Petitioner, Neither Borrower Nor Guarantor, Not Required to Deposit 40% for Appeal -- Appeal Revived and Restored for Merits Consideration Without Pre-deposit

The Petitioner, a tenant in a redeveloped building, challenged an order of the Debt Recovery Appellate Tribunal, Mumbai (DRAT, Mumbai) that required h...

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Supreme Court Refers Key Questions on MSMED Act to Larger Bench. Balancing statutory remedies with writ jurisdiction: Supreme Court deliberates over MSMED Act provisions and alternative remedies.

The Supreme Court of India examines whether a writ petition under Article 226 of the Constitution is maintainable against an order passed by the Micro...

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Bombay High Court Dismisses Royal Traders' Plea for Waiver in SARFAESI Act Appeal. The court reinforces the necessity of pre-deposit compliance under Section 18(1) of the SARFAESI Act and dismisses petitions seeking waiver.

The judgment clarifies the scope of Section 18(1) of the SARFAESI Act, 2002, particularly the conditions for pre-deposit waivers by borrowers appealin...

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High Court Validates DRAT Order for Pre-Deposit Calculation in Secured Asset Auction Dispute. Pre-deposit determination upheld as per SARFAESI Act, focusing on "debt due" over auction value.

The Bombay High Court upheld the DRAT's order mandating a pre-deposit based on "debt due" when the measures under Section 13(4) of the SARFAESI Act we...

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"Bombay High Court Restores Appeal Rejected for Procedural Inadvertence" "Justice Prevails Over Procedural Errors: Appellate Authority Directed to Hear Appeal on Merits"

1. Procedural Background (Para 3): The petitioner filed an appeal before the appellate authority challenging the order dated 25 April 2022. While ...

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"CENVAT Credit Controversy: Bombay HC Upholds Order Under SVLDRS" Transparency and adherence to statutory timelines crucial for relief under legacy tax dispute schemes.

This case involves the petitioner, challenging an order under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS). The dispute primari...

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Pre-Deposit Requirement Mandatory Under Section 129E of Customs Act: Relief Denied. Relief under Article 226 for pre-deposit waiver cannot override the statutory mandate under Section 129E of the Customs Act, 1962.

1. Relief Sought by Petitioners (Paras 1–2) The Petitioners sought: Waiver of the pre-deposit requirement under Section 129E of the Customs Act,...

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Petitioner’s Appeal Reinstated as Dismissal Grounds Found Invalid; Directions Issued for De Novo Consideration. High Court quashes Appellate Authority's dismissal due to procedural irregularities and remands for reconsideration.

The High Court quashed the impugned order dismissing the Petitioner’s appeal due to alleged non-compliance with pre-deposit requirements and lack of...

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High Court Dismisses Writ Petition Challenging MSMED Facilitation Council Award Without Compliance of Pre-Deposit. The Bombay High Court underscores statutory remedies under the MSMED Act and arbitration laws, dismissing writ petitions to avoid pre-deposit under Section 19.

A private company, challenged an award by the Micro and Small Enterprises Facilitation Council (MSEFC) issued under Section 18 of the MSMED Act. The p...