Search Results for "Official Liquidator"

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Search Results for "Official Liquidator"

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High Court

Madras High Court Dismisses Application to Set Aside Auction Sale of Company Property in Winding Up Proceedings — Auction Sale Confirmed by Court Cannot Be Reopened After Registration of Sale Deed. The court held that an applicant claiming through an unregistered agreement with the company has no locus standi to challenge a court-confirmed auction sale, and the sale becomes final upon registration.

22 Jan 2025

The judgment concerns two applications filed by S.V. Srinivasulu (the applicant) seeking to set aside an auction sale of properties belonging to Maxwo...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

24 Aug 2023

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

24 Sep 2018

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Complainant's Husband Due to Lack of Vicarious Liability. The court held that the husband of the complainant cannot be prosecuted for dishonour of cheques issued by the wife in discharge of her own liability, as there is no vicarious liability under Section 138 of the Negotiable Instruments Act, 1881.

13 Oct 2017

The applicant, A.C. Narayanan, was impleaded as an accused in complaints filed by respondent no.2 for offences punishable under Section 138 of the Neg...

High Court

Bombay High Court Dismisses Winding Up Petition in Commission Dispute. Debt Held Bona Fide Disputed Under Sections 433(e) and 434 of Companies Act, 1956.

6 Jun 2017

The petitioner, Total Sports & Entertainment India Pvt. Ltd., filed a winding up petition under Sections 433(e) and (f) and 434 of the Companies Act, ...

High Court

Bombay High Court Allows Official Liquidator to Take Possession of Factory Premises Despite Pending BIFR Reference Under SICA, 1985. Section 22 of SICA, 1985 does not bar winding up proceedings under Companies Act, 1956.

11 Aug 2016

The Official Liquidator filed a report seeking directions to direct the ex-director of M/s Lifeline Industries Ltd. (in liquidation) to deposit advert...

High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

29 Jan 2014

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

High Court

High Court of Bombay at Goa Quashes Consumer Forum Orders Against Company in Liquidation — Jurisdiction of Consumer Forum Barred After Appointment of Official Liquidator Under Companies Act, 1956. The court held that once a winding up order is passed, the Company Court has exclusive jurisdiction over the company's assets, and the Consumer Forum cannot proceed without leave of the Company Court under Section 446 of the Companies Act, 1956.

29 Jan 2013

The petitioner, Mr. Harinder Pal Singh Sandhu, filed a writ petition before the High Court of Bombay at Goa seeking to quash orders dated 17.10.2006, ...

High Court

Bombay High Court Upholds Restoration of Winding Up Petition and Appointment of Official Liquidator in Consent Terms Default Case. Clause 4 of consent terms provided for automatic appointment of Official Liquidator on two consecutive defaults, and subsequent MoU did not supersede the consent terms.

8 Jun 2010

The respondent, Wall Street Finance Ltd., filed Company Petition No.298 of 1997 against M/s. Corporate Couriers Ltd. and others (the appellants) for w...

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