Search Results for "Corporate Insolvency"

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High Court

High Court of Karnataka Quashes Criminal Proceedings in NI Act Case Due to Company Having Been Dissolved Prior to Issuance of Cheque. Director Not Held Liable Under Section 138 of Negotiable Instruments Act, 1881 as Company Struck Off Under Companies Act, 1956.

1 Jul 2026

Background: The petitioner, a director of Giga Networks Private Limited, approached the High Court under Section 482 of the Code of Criminal Procedure...

High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

Tribunals

NCLAT Dismisses Appeal by Personal Guarantor Against Withdrawal of Insolvency Petition by State Bank of India — Principles of Dominus Litis and Right to Withdraw Under Section 95 of IBC, 2016 Upheld. The Personal Guarantor has no locus standi to object to the withdrawal of a Section 95 petition by the Financial Creditor before admission.

25 Apr 2025

The case involves an appeal filed by S. Srinivasan, a Personal Guarantor of M/s. Sri Venkatram Spinners Pvt. Ltd., against an order of the National Co...

High Court

Bombay High Court Rules in Admiralty Jurisdiction Case: Cockette Marine Oil vs. OSV Beas Dolphin. Court Rejects Summary Judgment Amidst Insolvency Proceedings, Highlights Impact of IBC Moratorium on Maritime Claims.

23 Aug 2024

The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV ...

High Court

Bombay High Court Dismisses Resolution Professional's Writ Petition as Abuse of Process in Slum Rehabilitation Dispute. The court held that the Resolution Professional's petition was a complete abuse of the process of the court and dismissed it with costs.

3 Apr 2024

The petitioner, Rajan Garg, acting as the Resolution Professional of Truly Creative Developers Pvt Ltd, filed a writ petition before the Bombay High C...

High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

11 Jan 2024

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

High Court of Karnataka Allows Transfer of Winding Up Petitions to NCLT Under Section 434(1) of Companies Act, 2013 — Mandatory Transfer of Pending Proceedings Where No Winding Up Order Has Been Passed.

28 Sep 2021

The judgment concerns two company applications filed by M/s. Nitesh Residency Hotels Pvt. Ltd. seeking transfer of pending winding up petitions (Compa...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Limitation. Operational Creditor's claim for work done under contract held to be time-barred and disputed, warranting dismissal under Section 9 of Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The appeal arises from the dismissal of a Section 9 application under the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribu...

Tribunals

NCLAT Allows Appeal of Operational Creditor in IBC Liquidation Case — Reinstates Claim for Unpaid Invoices Despite Delay in Filing. The Tribunal held that the Adjudicating Authority erred in rejecting the claim solely on the ground of delay without considering the merits of the claim and the provisions of the Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The appeal was filed by M/s. FLSmidth Private Limited, an Operational Creditor, against the order of the National Company Law Tribunal (NCLT), Hyderab...

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