Court : Andhra Pradesh
..... follows in different paragraphs:]. ".it is well settled that the award of the arbitrator is ordinarily final and the courts hearing applications under section 30 of the arbitration act, 1940 do not exercise any appellate jurisdiction. reappraisal of evidence by the court is impermissible. interpretation of a contract is a matter for ..... laid down the following principle : ".a perusal of section 34(2) of 1996 act would show that an award may be set aside by the court on the grounds of procedural ..... provisions under arbitration and conciliation act, this court laid down certain principles for setting-aside the award passed by the arbitrator under section 34(2) of arbitration and conciliation act and a division bench of this court in mercury metal corporation vs. a.p. backward classes co-operative finance corporation limited, hyderabad and another1 .....
Tag this Judgment!Court : Andhra Pradesh
..... .p.no.6251 of 1999, the petitioner is a company engaged in the business of manufacturing and trading rolled steel products, such as bars.flats, rounds, etc.by finance (no.2) act, 1998, a scheme, popularly known as kar vivad samadhan scheme, 1998 (for brevity ".the k.v.s.s.".) was introduced. the object of the scheme was ..... before due date as prescribed under the scheme. in all the cases, the petitioners claimed that they had filed revisions before the commissioner exercising their right under section 264 of the act, and as they are pending, it is stated that they would satisfy the conditions of the scheme in all respects. the declarations filed by the petitioners ..... sham"., ".ineffective". or ".infructuous". as it has. in the case of raja kulkarni v. the state of bombay reported in air1954sc73 this court laid down that when a section contemplates pendency of an appeal, what is required for its application is that 'an appeal should be pending and in such a case there is no need to introduce the .....
Tag this Judgment!Court : Andhra Pradesh
..... for an amount of rs.37.34 lakhs and became a chronic defaulter. in those circumstances, the second respondent was constrained to initiate proceedings under section 29 of the sfc act for sale of hypothecated property and consequently a recall-cum-sale notice was issued on 02.12.2002 providing 15 days time for clearing the ..... before the period of repayment of entire loan amount, the said submission is without any basis as the agreement of loan usually contains a clause enabling the financing company to recall the entire loan amount in case of default of instalments even before the end of the loan period. the other contention of the petitioner ..... 06-03-2014 m/s.sriram rice mills pvt. ltd., stone housepet, nellore, nellore district, rep. by its managing director and another...petitioners the andhra pradesh state finance corporation, chirag ali lane, hyderabad, rep. by its managing director and others... respondents counsel for the petitioner: sri s.arun kumar counsel for the respondents: g.p .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... .? 15. the honble national commission in shiv shanker lal gupta vs kotak mahindra bank ltd., and other?, held that civil court mentioned in section 34 of sarfesi act includes tribunals and commissions dealing with civil matters and the national commission proceeded to hold that consumer forum cannot entertain such complaint. 16. in the ..... repayment of the loan vis- -vis the loan amount to be released is within the domain of the discretion of the bank or the finance corporation. unless the bank or the finance corporation exercise mala fide intention in not sanctioning or refusing to release the sanctioned loan amount, there cannot be any deficiency in service on ..... the part of the bank or the finance corporation. 12. the honble supreme court in maharashtra state finance corporation vs sanjay shankarsa mamarde? reported in iii(2010)cpj 33 (sc), held that unless there is mala fide intention on the .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... were referred to in the district forum. the opposite party no.1 is a registered company engaged in real estate business and opposite party no.2 is a bank which finances for purchase of houses/house development. the complainant entered into an agreement of sale on 25-7-2008 to purchase villa no.211 admeasuring 200 sq. yds. in a total ..... said villa, i.e. villa no.225 even by 2010, he was constrained to approach the district forum and file the present complaint u/s.12 of the consumer protection act, 1986 on 29-4-2010 complaining deficiency of service the said complaint was resisted by opposite partyno.1 by filing written version stating that there is no deficiency of service .....
Tag this Judgment!Court : Andhra Pradesh
..... pay privilege fee; the petitioners.contention that they would be put to loss if licences are issued to prospective applicants is not tenable; under section 3 of the act and rule 11 of the rules, the district collector is the selection authority to conduct the process of selection of applicants for grant of ..... expectation of private persons and the decision of a public body on that basis is not assailable. (ghaziabad development authority v. delhi auto & general finance (p) ltd.,106).as the decision of the commissioner, in relocating un-disposed a-4 shops to areas wherein the petitioners a-4 shops are located ..... 6) ald39028) (1985) 3 scc36029) air1982sc33 (1982) 1 scc3930) air1967sc117031) air1967sc183632) air1975sc229933) (1995) 1 scc57434) (2006) 4 scc32735) (2001) 9 scc43236) 1999 american law reports 1137 37) 1978 (2) scc21338) 1990 (3) scc44739) 1993 supp.(3) scc71640) 1999 (4) scc13541) 1999 (6) scc27542) (1964) 4 scr28043) (1986) 4 scc44744) air1958allahabad 692 45) air1994sc813= 1994 .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... ) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use?. 14. section 24 of the a.p. apartments and buildings act reads as under: 24 prohibition of selling, leasing and misuse of common areas and facilities:- the promoters or the owners of apartments ..... construction and ownership) act reads as under: (d) common areas and facilities? unless otherwise ..... the andhra pradesh apartments (promotion of construction and ownership) act, 1987 car parking it is necessary for the builder to provide car parking. 13. section 3 of a.p. apartments (promotion of construction and ownership) act provides for commons area which includes car parking slot. section 3 of the a.p. apartments (promotion of .....
Tag this Judgment!Court : Andhra Pradesh
..... the remedy before this court, the official liquidator is granted four (4) weeks time to approach the debt recovery tribunal by way of an appropriate application under section 17 of the sarfaesi act. status quo with respect to the 'asset', as referred to above, shall be maintained by all the parties for a period of four (4) weeks, ..... sbi, which has auctioned the company's asset during the pendency of the winding up proceedings is wholly unauthorized and contrary to the mandate of section 456 read with section 536 of the companies act, as the said secured creditor had not obtained any leave of the company court to stay outside the winding up proceedings. it is also ..... of unit i of the company in liquidator at renigunta, chittoor district, is, therefore, questioned in the present application on the ground that in terms of section 456 of the companies act, all assets, records and books of the company under winding up proceedings vest with the court and on winding up order, being passed, the same .....
Tag this Judgment!Court : Andhra Pradesh
..... in holding that financial difficulty is not a primary criteria for deciding the issue of undue hardship as mentioned 35f of the central excise act, 1944, which has been adopted by the appropriate finance act the learned counsel for the respondent revenue is present and takes notice. having regard to the magnitude of the matter, we feel that ..... , the judicial pronouncement enables the tribunal and court of law to decide the prima facie case for granting stay and waiver of pre-deposit in a fit case. section 35f of the act, which is relevant, is therefore set out for complete understanding. ".35f. deposit, pending appeal of duty demanded or penalty levied - where in any appeal under ..... hardship aspect and imposition of conditions to safeguard the interest of revenue have to be kept in view.12. as noted above there are two important expressions in section 35(f). one is undue hardship. this is a matter within the special knowledge of the applicant for waiver and has to be established by him. a .....
Tag this Judgment!Court : Andhra Pradesh
..... to comply with this order on the part of the company, its officers and directors shall attract the penal provision contained under sub-section 10 of section 58 a of the act. the scheme formulated by the company law board is as follows: for deposits matured/maturing upto 31-12-2001 (from the date ..... and division bench of this court while considering the memo of understanding with mfsl company which undertook entire responsibility of repayment of deposits of nagarjuna finance limited depositors wherein it is observed that the new management has filed affidavit in different proceedings at different level except the change of management and ..... or illegality while discharging respondents 1 to 19 herein?.3. to what relief?.14. points1to3 according to the revision petitioners, nagarjuna finance limited was incorporated under the provisions of companies act and invited deposits from the public offering higher rate of interest under fixed deposit scheme such as cumulative, non-cumulative and money .....
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