Search Results for "Paramjeet Singh Patheja"

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High Court

Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

14 Dec 2024

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

High Court

High Court of Bombay Upholds Recall of Annulment Order in Insolvency Case Due to Concealment of Creditor. Appellant Insolvent Failed to Disclose Kotak Mahindra Bank as Creditor with DRT Recovery Certificate, Leading to Recall of Annulment Under Section 22(1) of Presidency Towns Insolvency Act, 1909.

31 Mar 2021

The case involves an appeal filed by Akshay D. Thakkar (the Appellant/Insolvent) against an order dated 18th September, 2018 passed by a learned Singl...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Proceedings — Guarantors Held Jointly and Severally Liable Under Section 31(1)(aa) of State Financial Corporation Act, 1951. Application Under Section 31(1)(aa) is Maintainable Against Guarantors Without Separate Suit and Not Barred by Limitation.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Quashes Salary Attachment Order in Co-operative Bank Recovery Proceedings Due to Lack of Jurisdiction. Registrar Not Notified as Arbitrator Under Multi-State Co-operative Societies Act, 2002, Rendering Proceedings Void.

10 Dec 2012

The petitioner, Major Allan Victor de Souza, filed a writ petition before the Bombay High Court at Goa challenging two orders: (1) a judgment and orde...

High Court

Bombay High Court Dismisses Motion to Set Aside Insolvency Notice Based on Arbitral Award — No Stay of Execution Exists. Pendency of appeal under Section 37 of Arbitration and Conciliation Act, 1996 does not operate as stay unless specifically granted, and insolvency notice based on award not stayed is valid.

16 Oct 2012

The case involves a Notice of Motion taken out by Mr. Harshad Moorlidhar Shah, Judgment Debtor No. 3, to set aside Insolvency Notice No. N/19 of 2012 ...

High Court

Bombay High Court Dismisses Insolvency Petition Against Debtor Due to Non-Compliance with Section 9(3)(c) of Presidency Towns Insolvency Act, 1909 — Petitioning Creditor Failed to Prove Debtor's Act of Insolvency Within Three Months of Petition.

3 Sep 2010

The case concerns an insolvency petition filed by Kaushik Shah Shares & Securities Private Limited (substituted petitioning creditor) seeking to adjud...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interim Order in Coal Transport Contract Dispute. Arbitrator's findings on committee report and weighment system held to be interim and not subject to writ jurisdiction under Articles 226 and 227 of Constitution of India.

26 Aug 2010

The petitioner, M/s. Sanwal Coal Carriers, a proprietary concern, entered into a contract with Western Coalfields Limited (respondents) for driving pa...

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