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Documents citing Aditya Birla Finance Limited vs Shri Jagannath Memorial Educational ... on 3 October, 2023

M/S Vijay Cotswin Pvt. Ltd vs Vinesh Sharma on 2 May, 2025

35. Ld. Counsel for defendant vehemently contended that it is a settled proposition of law that in order to seek a reference of dispute to arbitration, a party is only required to raise an objection to the civil courts jurisdiction by bringing the said to the notice of the court and therefore, the present suit is barred by Section 8 of the Arbitration and Conciliation Act, 1996. Ld. Counsel for defendant has relied upon the authorities titled as Madhu Sudan Sharma and Ors. vs. Omaxe Ltd. (supra); Pawan Gupta and Ors. vs. Kamal Gupta and Ors. (supra); Aditya Birla Finance Limited vs. Shri Jagannath Memorial Educational Trust and Ors. (supra) and S. Charanjeet Singh vs. UT of J&K (supra).
Delhi District Court Cites 27 - Cited by 0 - Full Document

Aditya Birla Finance Ltd. vs Anjali Nag And Ors on 19 March, 2024

17. It is argued, that as held in Shri Jagannath Memorial Educational Trust (supra), though notification dated 05.08.2016 issued by the Department of Financial Services, Ministry of Finance, Government of India notifies the petitioner/Aditya Birla Finance Ltd. as a 'financial institution' within the meaning of section 2(1)(m)(iv) read with section 31A of the SARFAESI Act, by reason of which all provisions of the SARFAESI Act apply to the petitioner (subject ofcourse to the ingredients of specific sections being fulfilled), there is no such notification under the Recovery of Debts and Bankcruptcy Act, 1993 ('RDB Act') designating the petitioner as a 'financial institution' or 'bank' or 'banking company'.
Delhi High Court Cites 19 - Cited by 0 - A J Bhambani - Full Document

Mrs. Nidarshana Gowani vs M/S India Bulls Commercial Credit Ltd on 31 January, 2024

4. On the other hand, Mr. Bakshi, learned senior counsel for the petitioner has drawn my attention to a decision of the coordinate bench of this court in ARB.P. No. 251/2023 in "Aditya Birla Finance Limited vs. Shri Jagannath Memorial Educational Trust and Ors." as well as judgment of M.D. Frozen Food Exports Pvt. Ltd. vs. HeroFincorp Ltd." 2017 (16) SCC 741 to urge that the proceedings under SARFAESI Act, 2002 and Arbitration and Conciliation Act, 1996 can proceed simultaneously.
Delhi High Court - Orders Cites 8 - Cited by 0 - J Singh - Full Document
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