Search Results for "Official Liquidator"

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Search Results for "Official Liquidator"

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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

Karnataka High Court Dismisses Petitioner's Challenge to Stay of Criminal Proceedings under Negotiable Instruments Act, 1881—Held That Section 446 of the Companies Act, 1956 Requires Stay Unless Leave of Company Court is Obtained. Proceedings Against Ex-Managing Director in Personal Capacity May Continue Subject to Leave, But Stay Order Attained Finality; Trial Directed to Be Completed Within Six Months.

25 Jun 2024

The petitioner, M/s Rajesh Exports Limited, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., challe...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

High Court of Bombay Allows Secured Creditor's Appeal Against Direction to Deposit Title Deeds in Insolvency — Official Assignee Cannot Demand Title Deeds Without Adjudication of Mortgage Validity Under Presidency Towns Insolvency Act, 1909.

25 Feb 2019

The appeal was filed by Punjab National Bank (the appellant) against an order of a learned Single Judge of the Bombay High Court in Official Assignee'...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Allows Winding Up Petition Against Company for Failure to Repay Convertible Bonds — Debt Admitted and Company Unable to Pay Under Section 433(e) of Companies Act, 1956. The court held that where a debt is admitted and the company is commercially insolvent, a winding up order is justified.

30 Jul 2013

The Bank of New York Mellon, London Branch, as trustee for bondholders, filed a winding up petition under Section 433(e) of the Companies Act, 1956 ag...

High Court

Bombay High Court Dismisses Appeal Against Winding Up Order for Non-Compliance with Payment Schedule — Company Failed to Deposit Admitted Debt Despite Multiple Opportunities. The court upheld the admission of winding up petition and appointment of provisional liquidator under Sections 433, 434, and 450 of the Companies Act, 1956, as the company admitted liability but failed to pay as directed.

8 Feb 2012

The appeal arose from an order of the Company Judge admitting a winding up petition filed by Kotak Mahindra Bank Limited against Katare Spinning Mills...

High Court

Bombay High Court Allows Petitions by Official Assignee in Co-operative Society Recovery Proceedings, Holding That Dispute Is Not Barred by Limitation Under Section 101 of Maharashtra Co-operative Societies Act, 1960. The court clarified that the special period of 12 years under Section 101 prevails over the general limitation period under the Limitation Act, 1963.

30 Nov -0001

The judgment involves multiple writ petitions filed by the Assistant Registrar, Co-operative Societies/Official Assignee of Co-operative Oil Industrie...

High Court

Bombay High Court Dismisses Petitions Challenging RBI Circular Excluding Primary Cooperative Credit Societies from Deposit Insurance Coverage. Circular dated 22.02.2008 Held Valid as It Merely Clarifies Existing Definition Under Section 2(g) of DICGC Act, 1961.

30 Nov -0001

The judgment concerns two writ petitions filed by cooperative credit societies challenging a circular dated 22.02.2008 issued by the Reserve Bank of I...

High Court

Bombay High Court Dismisses Bank's Writ Petitions Against Labour Court Orders in Recovery Proceedings Under Section 33C(2) of Industrial Disputes Act, 1947 — Held That Assignee Bank Steps Into Shoes of Transferor and Is Liable for Pre-Transfer Claims of Workmen.

30 Nov -0001

The petitioners, the Authorized Officer and Chairman & Managing Director of IDBI Bank (Stressed Assets Stabilization Fund), filed four writ petitions ...

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