Search Results for "Company Liquidation"

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Search Results for "Company Liquidation"

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High Court

Bombay High Court Validates Property Transactions Under Section 536(2) of Companies Act, 1956 Despite Winding-Up Order — Bona Fide Purchaser Without Notice. Court Holds That Post-Petition Dispositions Can Be Validated If Made in Ordinary Course of Business and for Adequate Consideration, Directing Sale Proceeds to Be Deposited With Official Liquidator.

4 May 2026

The case involves an Interim Application filed by M.M. Styles Private Limited seeking validation of two property transactions under Section 536(2) of ...

High Court

Madras High Court Allows Exclusion of Third Party Lands from Auction Sale in Company Liquidation — Official Liquidator Cannot Sell Properties Not Owned by Company. Applicants Established Title Through Patta and Chitta, Entitled to Exclusion Without Setting Aside Auction.

29 Jan 2025

The case involves multiple company applications filed by S. Mahendran and K. Singili (applicants) against the Official Liquidator and the Administrato...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

Supreme Court

Supreme Court Allows Appeal in Companies Act Case Against Division Bench Order Restraining Property Transfer. Court Holds Section 339 of Companies Act, 2013 Applies Only to Directors, Managers, Officers or Persons Knowingly Party to Wrongful Trading of Company in Liquidation, Not to Unrelated Third Parties.

25 Jan 2023

The appeal arose from a dispute concerning winding up proceedings against respondent No. 3 Company, which had launched the Festival City Mall project ...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

High Court

Bombay High Court Quashes EPF Recovery Notices Against Purchaser of Company in Liquidation — Section 17B of EPF Act Not Attracted When Transfer is by Official Liquidator Under Court Supervision. The court held that the Official Liquidator is not the 'employer' under Section 17B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the sale by him does not attract joint liability for prior provident fund dues.

23 Nov 2017

The petitioner, Vibhu Drinks Private Limited, purchased a property from the Official Liquidator of M/s Niranjan Ayurved Bhavan Limited (a company in l...

High Court

Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

23 Dec 2016

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

High Court

Bombay High Court Allows Recovery Suit Against Customs for Wrongful Sale of Goods Held by Court Receiver. Plaintiff entitled to refund of purchase price paid to Court Receiver for goods that could not be delivered due to prior sale by Customs.

28 Sep 2010

The suit was filed by M & H Enterprises Pvt. Ltd. (Plaintiff) against the Court Receiver, High Court, Bombay (Defendant No.1) and the Commissioner of ...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

Tribunals

NCLAT Allows Appeals by Commercial Space Buyers in CIRP of IP Constructions Pvt. Ltd. — Resolution Plan Must Include Allottees' Claims. The Tribunal held that commercial space allottees are 'financial creditors' under Section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016, and their claims must be considered in the resolution plan.

30 Nov -0001

The judgment arises from three appeals filed by commercial space allottees against orders of the National Company Law Tribunal (NCLT), Principal Bench...

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