Search Results for "Liquidation"

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Search Results for "Liquidation"

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High Court

High Court of Bombay Deliberates Whether Manager of Cooperative Bank Is Public Servant under Prevention of Corruption Act; Employee of Cooperative Bank Under Liquidation Challenges Dismissal of Discharge Application. The Court Examines the Scope of 'Public Servant' Under Section 2(c) in Light of Arguments That Cooperative Bank Not Aided or Controlled by Government.

6 May 2013

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High Court

Bombay High Court Adjudicates Writ Petition Challenging EPF Demand After Approved Resolution Plan. The Court examined whether statutory provident fund dues, not verified or included in an approved resolution plan under the Insolvency and Bankruptcy Code, 2016, stand extinguished or remain recoverable under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

29 Apr 2025

The writ petition arose from a challenge by the substituted petitioners (Dalmia Cement (Bharat) Limited, Ascension Mercantile Private Limited, and Asc...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Tribunals

NCLAT Dismisses Appeal of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

High Court

Madras High Court Allows TIIC's Recovery Petition Against Guarantors in SFC Act Case — Guarantors Held Jointly and Severally Liable Despite Company's Winding Up. Liability of Guarantors Under Sections 31(a) and 31(aa) of State Financial Corporations Act, 1951 Survives Liquidation of Principal Borrower and Receipt of Amount from Official Liquidator.

7 Jan 2025

The petitioner, Tamil Nadu Industrial Investment Corporation Limited (TIIC), a State Financial Corporation, filed an original petition under Sections ...

Tribunals

National Company Law Appellate Tribunal Allows Appeals by Homebuyers Associations Against NCLT Order Rejecting Impleadment in CIRP — Allottees Held to Be Financial Creditors Under IBC Entitled to Be Heard. The Tribunal directed impleadment of the associations in the pending application before the Adjudicating Authority to ensure their right to be heard is protected.

30 Nov -0001

The case involves four appeals filed by two residents' associations (Sharon Hills Residents Association and Angelwoods Apartments Allottees Associatio...

High Court

Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

1 Oct 2025

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

Supreme Court

Supreme Court Allows Appeals in Resolution Plan Approval Case, Overturning High Court's Dismissal. High Court Erred in Not Exercising Inherent Powers Under Section 151 CPC to Approve Plan Beneficial to Small Debenture Holders, Leading Supreme Court to Use Article 142 Powers for Approval.

3 Mar 2023

The Supreme Court of India heard appeals challenging the Bombay High Court's order dated 16 December 2022, which dismissed an interim application file...

High Court

Bombay High Court Dismisses Petition Challenging Appointment of Official Liquidator for Cooperative Society — No Violation of Natural Justice Found. Appointment of Official Liquidator under Section 103 of Maharashtra Cooperative Societies Act, 1960 upheld as statutory requirement of notice and hearing was satisfied.

30 Nov -0001

The petitioners, members of the Vita Cooperative Electric Supply Society Ltd., challenged the appointment of an Official Liquidator for the society an...

Supreme Court

Supreme Court Allows Insolvency Proceedings Under IBC Over Defunct Scheme of Arrangement -- IBC Prevails Over Companies Act in Recovery of Defaulted Loans

24 Feb 2026

The Supreme Court allowed an appeal against the Company Law Appellate Tribunal's order that kept in abeyance an application under Section 7 of the Ins...

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