Search Results for "interest during liquidation"

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Search Results for "interest during liquidation"

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Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

4 Apr 2024

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

Supreme Court

Supreme Court Allows Official Liquidator's Appeal in Property Tax Dispute — Municipal Corporation Cannot Claim Taxes After Winding Up Order Without Prior Adjudication. Held that property tax and water tax claims against company in liquidation are not 'taxes due' under Section 530(1)(a) of Companies Act, 1956 unless assessed and quantified before winding up.

4 May 2023

The case involves an appeal by the Official Liquidator of IISCO Ujjain Pipe and Foundry Company Limited (in liquidation) against a judgment of the Cal...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

High Court

Bombay High Court Allows Transfer of Vehicle Ownership in Favor of Auction Purchaser Despite Pending Tax Dues. Held that the transferee cannot be saddled with prior tax liabilities of the transferor under Section 50 of the Motor Vehicles Act, 1988.

6 Apr 2021

The petitioner, Raman Roadways Private Limited, a private limited company engaged in transportation business, filed a writ petition under Article 226 ...

High Court

Bombay High Court Allows Transfer of MIDC Plot to Auction Purchaser in Winding Up Proceedings — Official Liquidator's Sale Confirmed Despite MIDC's Objection. Court holds that MIDC cannot refuse transfer of property sold by Official Liquidator in company winding up, as the sale is conducted under court supervision and the purchaser steps into the shoes of the company.

21 Aug 2020

The applicant, M/s. Metal Tubes and Rolling Mills, filed a Company Application seeking directions against the Regional Officer, MIDC (Respondent No.2)...

High Court

High Court Permits Official Liquidator to Break Open Lock and Take Physical Possession of Company Premises Despite Collusive Tenancy Decrees Obtained After Winding Up Without Leave Under Section 446 Companies Act, 1956. The court held that decrees obtained without leave under Section 446 are void and the Official Liquidator is entitled to possession.

30 Aug 2019

The Official Liquidator filed a report seeking permission to break open the lock put by the ex-management of J.B. Diamonds Limited (in liquidation) an...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

High Court

Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

23 Jun 2017

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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