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Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...

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Bombay High Court Dismisses Appeal Against Official Liquidator's Decision to Sell Company Assets as a Going Concern. Court Upholds Liquidator's Discretion Under Companies Act, 1956 to Reject Private Offers and Proceed with Public Auction for Maximizing Value.

The case involves a Company Appeal filed by the legal heirs of Umashankar Saraf and other family members against the Official Liquidator of M/s. Rai B...

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Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

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KAHC010480352008_1

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Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation.

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was or...