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Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court

The Patna High Court on Tuesday held that it would be impermissible for the courts/tribunals referring a matter for settlement to Lok Adalats to examine the correctness of the award passed by the Lok Adalat. The court said that the referral courts/tribunals would also be barred from entertaining the challenge to the award passed in the Lok Adalat on the …

DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court

The Allahabad High Court held that the effect and operation of any interim order passed is wiped out at the passing of the final order. The bench comprising Justice Piyush Agrawal held that “once an appeal was dismissed as withdrawn, the interim order, if any, passed thereon automatically merges with the final order.” The Court relied on State of U.P. …

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Hyderabad: A two-judge bench of the Telangana High Court, comprising acting Chief Justice P. Naveen Rao and Justice Nagesh Bheemapaka, stayed an order passed by the Debt Recovery Tribunal, Hyderabad, for violating principles of natural justice. He asserted in his letter that was addressed to the Chief Justice that the station house officer and others had trespassed into his office …

The Kerala High Court recently held that interim orders passed by the Debts Recovery Tribunal under 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be issued mechanically and without application of mind. On Maintainability The Court held that in cases where the Tribunal has failed to exercise its jurisdiction properly, requiring …

Court Has No Jurisdiction To Review Order Passed Under Section 11 of A&C Act: Delhi High Court

The Delhi High Court has reiterated that orders passed in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 cannot be reviewed since there is no provision of review contained in the A&C Act. The petitioner- M/s Diamond Entertainment Technologies, filed a review petition against the order of the Delhi High Court passed in an application …

Taking note of the lack of operation of the Debts Recovery Tribunals and the Debt Recovery Appellate Tribunals in many states due to non-filling of vacancies, the Supreme Court on Thursday passed an order requesting the High Courts to entertain applications under the SARFAESI under the writ jurisdiction as an interim measure. "To resolve the problem for the time being, …