Search Results for "insolvency appeal"

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Search Results for "insolvency appeal"

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High Court

High Court of Karnataka Dismisses Petition Challenging Extension of Arbitral Mandate Under Section 29-A(5) of Arbitration and Conciliation Act, 1996 — Demise of Arbitrator and Insolvency of Party Held Sufficient Cause for Extension Despite Lack of Consent Under Section 29-A(3).

6 Feb 2025

The petitioners, Scape Marketing Private Limited and others, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

20 Jul 2023

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

High Court

Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

23 Mar 2023

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Appellate Tribunal's Failure to Consider Evidence on Limitation. Matter Remanded to NCLAT for Fresh Consideration of Acknowledgment Under Section 18 of Limitation Act, 1963 in Context of Section 9 Insolvency and Bankruptcy Code, 2016 Application.

29 Mar 2022

The dispute arose from an operational creditor's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against a corporate debtor fo...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Resolution Plan Case Due to Pending Adjudicating Authority Approval. Resolution Plan Approved by Committee of Creditors Awaits Adjudicating Authority's Consideration Under Insolvency and Bankruptcy Code, 2016, with Observations Not Prejudicing Appellant's Submissions.

17 Sep 2021

The dispute arose in the context of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, involving an appeal by Panch Tatva Promoter...

Supreme Court

Supreme Court Restores NCLT Order Admitting Section 7 Application in Insolvency Case — NCLAT Erred in Rejecting Evidence of Outstanding Debt. The Court held that admissions made by a corporate debtor in a counter affidavit from a withdrawn petition can be relied upon in a subsequent Section 7 application under the Insolvency and Bankruptcy Code, 2016.

8 Sep 2020

The case involves an appeal by SREI Equipment Finance Limited (the financial creditor) against an order of the National Company Law Appellate Tribunal...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Case, Holds Section 7 Application Time-Barred Under Article 137 of Limitation Act. The Court ruled that Article 62 of Limitation Act applies only to suits, not to applications under Section 7 of IBC, and time-barred debts cannot be revived under the Code.

18 Sep 2019

The case involves an appeal against the judgment of the National Company Law Appellate Tribunal (NCLAT) which had dismissed the appellant's appeal and...

Tribunals

NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

30 Nov -0001

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

Tribunals

NCLAT Dismisses Liquidator's Appeal Seeking Return of Bank Guarantees and Margin Money Post-Invocation. Bank Guarantee Invocation Extinguishes Both Margin Money and Bank's Liability, Liquidator Cannot Claim Refund.

30 Nov -0001

The case involves an appeal by Mr. Rajendra Prasad Tak, the Liquidator of M/s. KVK Nilachal Power Pvt. Ltd. (Corporate Debtor), against an order of th...

Tribunals

NCLAT Dismisses Appeal Against Liquidation Order in Insolvency Case — Appellant Failed to Show Viable Revival Plan or Error in Impugned Order. Corporate Debtor's Liquidation Upheld as No Resolution Plan Was Received and Appellant's Offer Was Not a Valid Plan Under IBC.

30 Nov -0001

The case involves an appeal filed by P. Naveen Chakravarthy (the appellant) against an order dated 27.01.2021 passed by the Adjudicating Authority (Na...

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