Search Results for "Loan Restructuring"

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Search Results for "Loan Restructuring"

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High Court

Bombay High Court Allows Appeal in Winding Up Petition Over Restructured Debt — Failure to Create Mortgage and Non-Compliance with Restructuring Terms Revives Original Debt. Clause 11 of Restructuring Letter Preserved Creditor's Rights, and Issuance of Bonds Did Not Extinguish Debt Under Companies Act, 1956.

16 Jul 2013

The appeal arose from the dismissal of a winding up petition filed by SBI Global Factors Ltd. against M/s K. Sera Sera Production Ltd. The appellant h...

High Court

Bombay High Court Directs Bank to Refer MSME Loan Account for Restructuring Under RBI Framework - Petitioner's MSME Status Entitles It to Benefit of Framework for Revival and Rehabilitation. The court held that the bank was obligated to refer the stressed MSME account to the Committee for restructuring as per the Government Notification dated 29.05.2015 and RBI Master Direction dated 21.07.2016, following the Supreme Court's decision in Pro Knits.

29 Jan 2026

The petitioners, Vardhan Agro Processing Limited (petitioner No.1, an MSME) and its chairman and shareholder (petitioner No.2), filed a writ petition ...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

High Court

Madras High Court Allows Revision Petition Against DRAT Order in SARFAESI Act Matter — Petitioner Company Challenges Rejection of Securitisation Application as Not Maintainable. Court Holds That a Borrower Can Maintain a Securitisation Application Under Section 17 of the SARFAESI Act Even After the Underlying Debt Has Been Assigned to an Asset Reconstruction Company, Provided the Borrower Continues to Be an 'Aggrieved Person'.

4 Feb 2026

The petitioner, ETA Engineering Private Limited, a company engaged in HVAC and EPC contracts, had availed financial assistance from the respondent, Ja...

High Court

Bombay High Court Adjudicates Winding Up Petition Under Companies Act, 1956 – Default in Repayment of Secured Facilities Allegedly Renders Respondent Unable to Pay Debts. Petitioner Bank Seeks Winding Up and Appointment of Provisional Liquidator After Respondent Defaults on Short-Term Loan and Letters of Credit.

14 Feb 2017

The case concerned a company petition for winding up under the Companies Act, 1956, instituted by IDFC Bank Limited, a creditor, against M/s.Ruchi Soy...

Supreme Court

Supreme Court Dismisses MSME Appeals Holding Restructuring Notification Directory. Banks/NBFCs Not Obliged to Restructure MSME Accounts Suo Moto Under Section 9 MSMED Act Before SARFAESI Action.

1 Aug 2024

The Supreme Court dismissed a batch of appeals filed by MSMEs challenging the Bombay High Court's order that Banks/NBFCs are not obliged to adopt the ...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

26 Jul 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

Tribunals

NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.

3 Jul 2025

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

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