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High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

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High Court of Karnataka Allows Winding Up of Non-Banking Financial Company by Reserve Bank of India for Non-Payment of Debts. RBI's petition under Section 45-MC of RBI Act, 1934 read with Section 433 of Companies Act, 1956 succeeds as company is unable to pay its debts.

The Reserve Bank of India (RBI) filed a company petition under Section 45-MC of the Reserve Bank of India Act, 1934 read with Section 433 of the Compa...

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Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

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Bombay High Court Dismisses Company Application as Not Maintainable for Lack of Leave Under Section 446(2) of Companies Act, 1956. Applicants Sought Declaration Against Depositors Management Committee Without Prior Approval of Company Court.

The judgment pertains to Company Application No.85 of 2014 filed by six applicants (Shri Kashinath R. Jhunjhunwala and others) against M/s Laxmichand ...

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Bombay High Court Allows Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.

The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...

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Bombay High Court Sanctions Scheme of Arrangement for Amalgamation of Five Transferor Companies with Unichem Laboratories Limited. Scheme held fair and reasonable under Sections 391-394 of Companies Act, 1956, despite shareholder objection.

The judgment concerns five Company Scheme Petitions filed under Sections 391 to 394 read with Sections 80, 100 to 103 of the Companies Act, 1956, seek...