An implicit waiver by one party will not exempt the other party from performance of statutorily stipulated duties if the dispute goes to the root of the proceedings, and the court shall still have jurisdiction to adjudicate the dispute

[Case Brief] Trishul Developers v/s L&T Housing Finance Limited and others

Case name Trishul Developers v/s L&T Housing Finance Limited and others Case number Writ Petition No. 22137 of 2019 (GM-DRT) Court High Court of Karnataka (Bengaluru) Bench Justice L. Narayana Swamy & Justice R.Devdas Decided on  June 27, 2019…

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The writ jurisdiction of High Courts or the Supreme Court is of extraordinary nature and should be exercised only if no other effective remedy is available with the parties.

[Case Brief] Agarwal Tracom Pvt. Ltd. v/s Punjab National Bank

Case name Agarwal Tracom Pvt. Ltd. v/s Punjab National Bank Case number Civil Appeal Numbers 19847 of 2017 Court Supreme Court of India Bench Justice Abhay Mohan Sapre & Justice R.K. Agarwal Decided on November 27, 2017 Relevant Act/Sections…

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A bar cannot be created on the rights of a secured creditor under SARFAESI Act merely because an arbitration proceeding has been initiated.

[Case Brief] Indiabulls Housing Finance Limited v/s Deccan Chronicle Holdings Limited and others

Case name Indiabulls Housing Finance Limited v/s Deccan Chronicle Holdings Limited and others Case number Civil Appeal Numbers 18 of 2018 Court Supreme Court of India Bench Justice A.K. Sikri & Justice Ashok Bhushan Decided on  February 23, 2018…

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Appellate Tribunal under SARFAESI Act, 2002 has the authority to condone delay under Section 18(1) if sufficient cause is shown for the delay.

[Case Brief] Baleshwar Dayal Jaiswal v/s Bank of India & Others

Case name Baleshwar Dayal Jaiswal v/s Bank of India & Others Case number Civil Appeal Numbers 5924-5927 of 2015 Court Supreme Court of India Bench Justice Jagdish Singh Khehar, Justice Adarsh Kumar Goel Author of the judgment Justice Adarsh…

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