Search Results for "financial creditor"

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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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Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "financial creditor"

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Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

14 Nov 2019

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

7 Jan 2019

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

High Court

Bombay High Court Hears Section 37 Petitions Challenging Arbitral Tribunal's Interim Restraint Order. The arbitral tribunal had restrained the appellants from alienating assets under Section 17 of the Arbitration and Conciliation Act, 1996, pending arbitration over terminated Master Service Agreements, despite arguments that the transfer was involuntary and assets were encumbered to secured creditors.

8 Mar 2018

The High Court of Judicature at Bombay heard three commercial arbitration petitions filed under Section 37 of the Arbitration and Conciliation Act, 19...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

High Court

Bombay High Court Sanctions Scheme of Amalgamation of Monarch Research and Brokerage Private Limited and Monarch Project and Finmarkets Limited with Networth Stock Broking Limited under Sections 391-394 of the Companies Act, 1956 — Objection by Gold Castle Realtor Dismissed as Not a Creditor or Member.

7 Aug 2014

The judgment concerns two Company Scheme Petitions (CSP 575/2012 and CSP 576/2012) filed by Monarch Project and Finmarkets Limited (2nd Transferor Com...

Tribunals

NCLAT Dismisses Appeal of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

Tribunals

NCLAT Chennai Allows Appeal of Financial Creditor in Insolvency Case, Directs Reconsideration of Resolution Plan. The Tribunal held that the Resolution Professional's failure to include the appellant in the Committee of Creditors and incorrect determination of voting shares violated the IBC, 2016.

30 Nov -0001

The appeal was filed by RBL Bank Limited against the order of the National Company Law Tribunal (NCLT), Chennai, which had approved the resolution pla...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in Insolvency Case Due to Defective Demand Notice and Limitation Bar. Section 9 Application Under I&B Code Fails as Date of Default is Later Than Demand Notice and Invoices are Time-Barred.

30 Nov -0001

The Appellant, M/s. Metals and Metal Electric Private Limited, an operational creditor, filed an application under Section 9 of the Insolvency and Ban...

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