Search Results for "Asset Recovery"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Asset Recovery"

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Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Appeal in Debt Recovery Case on Limitation Issue - Section 5 of Limitation Act, 1963 Not Applicable to Appeals Under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court held that the legislative intent expressly excludes Section 5, making the 30-day appeal period non-condonable, and overruled the High Court's reliance on an earlier precedent.

24 Nov 2021

The dispute arose from an appeal filed by a bank against an order of the Recovery Officer under the Recovery of Debts due to Banks and Financial Insti...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in SARFAESI Act Priority Dispute — Employees' Dues Cannot Override Bank's Claim Over Sale Proceeds of Co-operative Society's Assets. The Court held that Section 529A of the Companies Act, 1956 does not apply to co-operative societies due to Section 167 of the Maharashtra Co-operative Societies Act, 1960, and employees' dues recoverable as arrears of land revenue do not create a paramount charge over secured assets.

4 Dec 2019

The appeal arose from a dispute between the Maharashtra State Co-operative Bank Ltd. (appellant) and employees of Vainganga Sahakari Sakhar Karkhana L...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Section 14 SARFAESI Order — Alternative Remedy Under Section 17 Available. Court Holds That an Order Under Section 14 of the SARFAESI Act Can Be Challenged Under Section 17, and Writ Petition Without Exhausting Statutory Remedy Is Not Maintainable.

30 Jan 2019

The petitioner, Smt. Vimala Bhushan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the ...

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 Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

13 Feb 2013

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

High Court

Bombay High Court Dismisses Appeal Against Winding Up Order in Securitisation Act Case — SICA Reference Barred by Amendment. The Court held that the amendment to Section 15 of SICA by the Securitisation Act bars a reference to BIFR where financial assets have been acquired by a securitisation company, and Section 22 of SICA does not apply to proceedings initiated by such a company.

20 Jul 2012

The appeal arose from an order of the learned Single Judge dated 21 October 2010 admitting a company petition for winding up and directing advertiseme...

Tribunals

NCLAT Chennai Dismisses Appeals by Suspended Directors Against CIRP Initiation Under IBC — Limitation Period for Section 7 Application Computed from Date of Default, Not Date of NPA Classification. Acknowledgment of Debt in Balance Sheets Extends Limitation Under Section 18 of Limitation Act.

30 Nov -0001

The judgment pertains to two appeals filed by suspended directors of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against t...

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