Search Results for "creditor definition"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "creditor definition"

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Supreme Court

Supreme Court Allows Workman's Appeal on Distribution of Company Assets in Liquidation. Holds that Secured Creditors Have Pari Passu Charge Only Over Properties Specifically Charged, Not All Assets; Workmen Have Priority for Uncharged Properties Under Sections 529 and 529A Companies Act, 1956.

1 Aug 2026

The dispute arose from the winding up of U.M.I. Special Steel Limited, a company registered under the Companies Act, 1956. The company became sick, an...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Absence of Financial Debt Against Pledgor. Petition Under Section 7 IBC Not Maintainable as No Disbursement Was Made to Corporate Debtor, and Pledge Alone Does Not Constitute Financial Debt Under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

22 Sep 2022

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the Adjudicating Auth...

Tribunals

NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

17 Sep 2025

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

Tribunals

NCLAT Dismisses Appeal Against CIRP Initiation by Assignee of Debt — Assignment Deed Valid Without Prior Notice to Corporate Debtor Under Section 5(7) of IBC, 2016. The NCLAT held that an assignee of a debt is a financial creditor under Section 5(7) of IBC, 2016, and notice of assignment to the corporate debtor is not required for maintainability of a Section 7 application.

1 Jan 2023

The case involves an appeal by Rajesh Ravji Patel, suspended director of Vilsons Roofing Product Pvt. Ltd. (Corporate Debtor), against an order of the...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Dismisses Creditor-Bank's Appeal in Insolvency Notice Case — Recovery Certificate Issued by DRT Cannot Form Basis for Insolvency Notice under Section 9(2) of Presidency Towns Insolvency Act, 1909. The Court Holds That Term 'Decree or Order' in Section 9(2) Must Be Strictly Construed to Exclude Recovery Certificates as the Insolvency Act Carries Grave Civil Consequences and Insolvency Notice Is Not a Mode of Execution.

1 Jan 1970

The dispute arose from an attempt by a creditor-bank to initiate insolvency proceedings against a guarantor director based on a recovery certificate i...

Tribunals

NCLAT Partially Allows Appeal Against Bankruptcy Declaration, Holds SEBI Penalty as Excluded Debt Under IBC. Personal Guarantor's Bankruptcy Petition Admitted but SEBI Penalty Excluded from Discharge as 'Fine' Under Section 79(15)(a) of IBC.

30 Nov -0001

The appellant, Ms. G.V. Marry, was a personal guarantor to BRG Energy Ltd., a company incorporated in 2006 under the Companies Act, 1956. She filed an...

Tribunals

NCLAT Chennai Dismisses Appeal Against CIRP Initiation for Agricultural Loan Default — Limitation Period for Section 7 Application Computed from Date of Default in Repayment Schedule, Not from Date of NPA Classification. The date of default under Section 7 of IBC is the date when the debt became due as per the repayment schedule, and the application filed within three years from the last repayment schedule is within limitation.

30 Nov -0001

The appeal was filed by Kurien Thomas, the suspended director of Koravampady Estates and Enterprises Private Limited (the Corporate Debtor), against t...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

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