Search Results for "voluntary liquidation"

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Search Results for "voluntary liquidation"

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Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Directors in Companies Act Complaint — Complaint Barred by Limitation and Filed Without Mandatory Sanction. The court held that the complaint under Section 538(1)(c) of the Companies Act, 1956 was time-barred under Section 468 Cr.P.C. and lacked prior sanction under Section 538(3) of the Act, warranting quashing of proceedings.

23 Mar 2021

The present criminal petition was filed by Sri Avinash Subramanyam and Smt. Vani Sharma, former directors of M/s. Shimbu Imports and Exports (P) Ltd. ...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Declaration Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 — Directs Reconsideration on Grounds of Non-Application of Mind. The court held that the designated committee's order rejecting the declaration was arbitrary and without reasons, violating principles of natural justice.

12 Mar 2021

The petitioner, M/s. New India Civil Erectors Private Limited, a company engaged in civil, mechanical, and construction contracts, filed a writ petiti...

High Court

Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

9 Nov 2020

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

Supreme Court

Supreme Court Allows Appeals Against High Court Interim Stay in IBC Matter — Questions of Maintainability of Writ Petition and NCLT's Power to Inquire into Fraud Examined. The court held that the High Court should not have entertained a writ petition against an NCLT order when a statutory appeal to NCLAT was available, and that NCLT can inquire into fraud under Section 60(5)(c) of IBC, 2016.

3 Dec 2019

The Supreme Court heard three appeals arising from an interim order of the Karnataka High Court staying the operation of a direction by the National C...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

23 Nov 2016

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

High Court

High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

1 Apr 2015

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

High Court

Bombay High Court Allows Writ Petition Challenging Property Tax Attachment After Auction Sale by Official Liquidator. Property purchased through auction by Official Liquidator cannot be attached by Municipal Corporation for pre-sale tax arrears under Section 146 of the Bombay Municipal Corporation Act, 1888.

16 Sep 2005

The petitioners, Anchor Health & Beauty Care Ltd. and Deepak & Co., purchased immovable property of M/s. Nihon Electronics Ltd. (in liquidation) throu...

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