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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, CJ, C.M. POONACHA
Sridevi Hospital – Appellant
Versus
Asset Reconstruction Company [India] Limited – Respondent
| Table of Content |
|---|
| 1. appellants impugned the single judge's order. (Para 1 , 2 , 3 , 4) |
| 2. outlines the order of the learned single judge. (Para 5) |
| 3. appellants' arguments about lawsuits affecting rights. (Para 6) |
| 4. the factual background of loan agreements and defaults. (Para 7 , 8 , 9) |
| 5. sequence of events concerning the assigned assets. (Para 10 , 11 , 12 , 13) |
| 6. details of fraudulent asset transactions. (Para 14 , 15) |
| 7. (Para 17 , 18 , 19 , 20 , 21) |
| 8. court's reasoning on the lack of legal standing for unilateral deeds. (Para 22 , 23 , 24) |
| 9. existence of an alternate remedy does not negate jurisdiction. (Para 25) |
| 10. conclusion and dismissal of the appeal. (Para 26 , 28 , 30 , 31) |
JUDGMENT :
VIBHU BAKHRU, CJ.
1. The appellants have filed the present appeal impugning a common order dated 20.12.2024 passed by the learned Single Judge of this Court in W.P.No.28962/2015 (GM-RES), which was clubbed along with W.P.No.9193/2017 (GM-ST/RN) and W.P.No.9578/2017 (GM-RES).
2. The said petitions were filed by respondent No.1 [Asset Reconstruction Company (India) Limited – hereafter, referred to as 'ARCIL']. In W.P.No.28962/2015, ARCIL had impugned a letter dated 28.02.2015 issued by respondent No
Unilateral cancellation of documents by a party not involved in the agreement is invalid; the court maintains jurisdiction under extraordinary circumstances despite the presence of alternate remedies....
The court held that unilateral declarations and cancellations cannot be registered by a Sub-Registrar without proper authority and due process, emphasizing adherence to legal standards in document re....
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
The Registration Act does not empower registrars to cancel documents, which must instead be challenged in civil court for allegations of fraud.
Proper execution of cancellation deeds and conducting enquiries before registration is essential under Section 26(i)(k) of the Indian Stamps and Registration Act.
Documents must be duly stamped to be admissible in evidence; the court has the authority to impound insufficiently stamped documents under the Karnataka Stamp Act.
The court established that the restoration of a registration order must adhere to principles of natural justice, including the right to notice and the opportunity to be heard, especially when title d....
The court established that the rights of secured creditors prevail over claims from the Enforcement Directorate, and the Sub-Registrar must register sale certificates as mandated by law.
Unilateral cancellation of a registered gift deed is prohibited without mutual consent, rendering such deeds void under Rule 26(i)(k)(i) of the Registration Act, 1908.
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