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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "financial creditor"

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High Court

High Court of Karnataka Hears Company Applications for Recall of Attachment and Leave to Sell Property in Winding-Up of BPL Engineering Limited. Issues Raised Include Whether SARFAESI Act Overrides Tax Department's Statutory First Charge under the Andhra Pradesh General Sales Tax Act and Central Sales Tax Act.

2 Jul 2026

The matter pertained to competing claims over an immovable property of BPL Engineering Limited (in liquidation), situated at Pashamylaram Village, San...

High Court

Madras High Court Allows Writ Petition of Auction Purchaser Against Bank for Delivery of Possession Under SARFAESI Act. Bank's Failure to Hand Over Vacant Possession After Sale Confirmation Constitutes Dereliction of Duty Enforceable Under Article 226.

5 Jun 2026

The petitioner, Vijayanand Srinivasan, an auction purchaser, filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Refusing to Include Third-Party Properties in Recovery Certificate Under Section 19 of RDB Act. The court held that the DRT has no jurisdiction to include properties of persons who are not parties to the original application or guarantors, and the remedy lies before the civil court.

12 Dec 2024

The petitioners, M/s. SSA Constructions (a partnership firm) and its managing partner, obtained loan facilities from Andhra Bank (Respondent No. 1). T...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

High Court

Bombay High Court Allows Co-operative Spinning Mill to Operate Overdraft Account Despite RBI Restrictions on Co-operative Bank — Petitioner Held to be Operational Creditor Not at Par with Ordinary Depositors. The court held that RBI's blanket restrictions under Section 35A of the Banking Regulation Act, 1949 were unreasonable as applied to an operational creditor with an excellent track record.

23 Mar 2023

The petitioner, Babasaheb Naik Kapus Utpadak Sahakari Soot Girni, a registered co-operative spinning mill, filed a writ petition challenging the restr...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

High Court Dismisses Writ Petition Challenging Rejection of Interim Relief in BIFR Proceedings — Sale Under Securitisation Act Completed, No Jurisdiction Remains with BIFR. The court held that once action under Section 13(4) of the Securitisation Act is taken to its logical end, BIFR loses jurisdiction, and interim relief cannot be granted to disturb a concluded sale.

19 May 2010

The petitioner, Nouveaw Exports Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 13th...

High Court

Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

3 Apr 2006

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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