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High Court

High Court of Karnataka Dismisses Winding-Up Petition for Disputed Debt and Lack of Jurisdiction — Foreign Company Cannot Seek Winding-Up of Indian Company Under Sections 433(e), 434 of Companies Act, 1956. The court held that a winding-up petition is not maintainable when the debt is bona fide disputed and the petitioner is a foreign company without a registered office in India.

28 Jul 2015

The petitioner, M/s. Arasor Corporation, a company incorporated in the United States of America, filed a company petition under Sections 433(e) and (f...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Guarantor Company Due to Bona Fide Dispute and Pendency of DRT Proceedings. Court Finds That Existence of Disputes Regarding Validity of Guarantee and Pending Recovery Proceedings Before DRT Render the Petition Not Maintainable Under Companies Act, 1956.

23 Jun 2016

The petitioner, SICOM Ltd., a financial institution, filed a winding-up petition against the respondent, Entertainment World Developers Pvt. Ltd., und...

High Court

Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

12 Aug 2024

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

High Court

Bombay High Court Examines Cut-off Date for Workmen Dues in Winding Up of Swadeshi Mills. Official Liquidator's Calculation Up to Appointment of Provisional Liquidator Challenged by Workmen Seeking Dues Up to Winding Up Order.

28 Oct 2013

The matter concerns a company application filed by five workmen of M/s Swadeshi Mills Co. Ltd., which was wound up. The company had approximately 2970...

High Court

High Court of Karnataka Partially Allows Employer's Appeal and Dismisses Insurance Company's Appeal in Workmen Compensation Case — Employer Liable for 50% of Compensation Due to Lack of Insurance Coverage for Deceased Worker. The court upheld the apportionment of liability between employer and insurer but modified interest to apply only on employer's share from accident date.

2 Aug 2021

The case involves two appeals arising from a common judgment dated 28.10.2010 passed by the Labour Officer and Commissioner for Workmen Compensation, ...

High Court

Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

9 Aug 2010

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

High Court

High Court of Karnataka Dismisses State's Appeal in Revenue Recovery Dispute Against Company in Liquidation. Priority of secured creditor's claim under Section 529A of Companies Act, 1956 upheld over State's statutory dues under Karnataka Land Revenue Act, 1964.

18 Sep 2025

The case involves an appeal by the State of Karnataka and its officers against an order of the Company Judge dated 03.11.1998 in Company Application N...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

High Court of Bombay at Nagpur Dismisses Applications to Recall Process in Cheque Dishonour Cases — Directors' Liability Under Section 138 NI Act Upheld. The court held that the applicant, as a director of the company, was prima facie liable for the dishonour of cheques issued by the company, and the process was rightly issued.

10 Jan 2007

The applicant, Amit Mohan Inder Mohan Sharma, filed three criminal applications under Section 482 of the Criminal Procedure Code, 1973, challenging a ...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

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