https://www.taxtmi.com/caselaws?id=458250 Section 9 relief could not be used to determine the validity or effect of a mortgage affecting property secured in favour of a non-party bank, and the creditor's enforcement rights were not restrained in these proceedings. The Court held that such mortgage disputes must be adjudicated before an appropriate forum where the secured creditor is a party, while the respondents' undertaking continued to bind them. As the arbitration agreement and arbitrable disputes were admitted, the matter was referred to arbitration, the petition was treated as an application under Section 17, and the respondents were directed to disclose their assets. en-us Mon, 24 May 2021 00:00:00 +0530 Thu, 17 Oct 2024 20:13:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458250 Section 9 relief could not be used to determine the validity or effect of a mortgage affecting property secured in favour of a non-party bank, and the creditor's enforcement rights were not restrained in these proceedings. The Court held that such mortgage disputes must be adjudicated before an appropriate forum where the secured creditor is a party, while the respondents' undertaking continued to bind them. As the arbitration agreement and arbitrable disputes were admitted, the matter was referred to arbitration, the petition was treated as an application under Section 17, and the respondents were directed to disclose their assets. Case-Laws Indian Laws Mon, 24 May 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458250