Search Results for "asset reconstruction"

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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 reconstruction"

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Supreme Court

Supreme Court Dismisses Appeal by Suspended Director in IBC Section 7 Admission Case — Balance Sheet Entries Constitute Valid Acknowledgement of Debt Under Section 18 of Limitation Act, 1963. The Court held that entries in the balance sheet of a corporate debtor, even without naming the specific creditor, amount to an acknowledgement of debt extending limitation under Section 18 of the Limitation Act, 1963, read with Section 238A of the Insolvency and Bankruptcy Code, 2016.

18 Oct 2024

The appeal arose from the admission of a Section 7 application under the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribun...

High Court

Bombay High Court Allows Amendment of Plaint to Implead New Developer in Redevelopment Dispute — Plaintiff's Rights Under Debenture Trust Deed Require Complete Adjudication. The court held that the proposed amendment was necessary for complete and effectual adjudication and did not change the nature of the suit or introduce a new cause of action.

3 Sep 2024

The plaintiff, Edelweiss Asset Reconstruction Company Limited, filed a commercial suit against Meeti Developers Private Limited (defendant No.1) and o...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

High Court

High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry.

2 Jan 2020

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished b...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

High Court

Bombay High Court Dismisses Petition Seeking Consideration of OTS Scheme Under RBI Guidelines in SARFAESI Act Matter. Court holds that once possession of secured asset is taken under Section 13(4) of SARFAESI Act, 2002, the remedy lies before the Debts Recovery Tribunal under Section 17, not by way of writ petition.

5 Dec 2016

The petitioners, Dr. Kishor Chimasaheb Nimbalkar and Sou. Dhanshree Kishor Nimbalkar, are running a hospital. They obtained a home loan of Rs.34,00,00...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

High Court

Bombay High Court Dismisses Petition Challenging Sale of Assets Under Securitisation Act. The Court upheld the acceptance of the highest bid by the Reconstruction Company, finding no arbitrariness in the process.

10 Jan 2006

The petitioners, Akhilesh Spintex Pvt. Ltd. and its director, filed a writ petition challenging the sale of assets of respondent No.7 by respondent No...

Tribunals

NCLAT Dismisses Appeals Against Insolvency Resolution of Personal Guarantors Under IBC — Jurisdiction of Adjudicating Authority Upheld. The Tribunal held that the Adjudicating Authority has jurisdiction to entertain applications under Section 95 of the Insolvency and Bankruptcy Code, 2016 against personal guarantors residing abroad, and that the moratorium under Section 96 applies to all assets of the guarantor.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) at Chennai dismissed two appeals filed by Iqbal Jumabhoy and Hussain Somjee, personal guarantors o...

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