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Search Results for "insolvency appeal"

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High Court

Bombay High Court Dismisses PIL Seeking Investigation into Financial Crimes by Corporate Entities and Public Officials. Court holds that a writ petition for registration of FIR is not maintainable when petitioner is not an aggrieved person and has alternative remedy under Section 156(3) CrPC.

24 Dec 2025

The petitioner, Alpesh Navinchandra Gosalia, filed a criminal writ petition under Article 226 of the Constitution before the Bombay High Court seeking...

Tribunals

NCLAT Allows Personal Guarantor to File Objection to RP Report Under Section 99 IBC — Right of Hearing Not Extinguished by Filing of Report. Personal Guarantor Entitled to File Objections to Resolution Professional's Report Before Adjudicating Authority Passes Order Under Section 99 of Insolvency and Bankruptcy Code, 2016.

1 Nov 2024

The case involves an appeal filed by Comandur Parthasarathy, the personal guarantor, against an order dated 21.10.2024 passed by the National Company ...

Supreme Court

Supreme Court Upholds Validity of Section 29A of the Insolvency and Bankruptcy Code, 2016, Disqualifying Related Parties of Corporate Debtors from Submitting Resolution Plans. The Court holds that the disqualification under Section 29A(c) applies to persons acting jointly or in concert with a disqualified person, and that the provision is not retrospective in operation.

3 Oct 2024

The Supreme Court of India delivered a landmark judgment on the interpretation and validity of Section 29A of the Insolvency and Bankruptcy Code, 2016...

Tribunals

NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Tampered Invoices. The Operational Creditor's claim for initiation of Corporate Insolvency Resolution Process was rejected as invoices showed tampered interest rate and payment terms, and payment of Rs. 10 Lakh after demand notice created a pre-existing dispute.

3 May 2024

The appeal was filed by Sanjay Sharma, Partner of MA Jagadamba Enterprises (Operational Creditor), against the order dated 30.11.2023 passed by the Na...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

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 Appeals in Company Law Dispute Over Maintainability of Oppression and Mismanagement Petition. Nomination Under Section 72 of Companies Act, 2013 Vests Rights in Nominee, Excluding Legal Heirs from Claiming Shares for Petition Maintainability Under Sections 241 and 242.

6 Jul 2020

The dispute arose from a family tussle following the death of Mr. Abhey Kumar Oswal, who held significant shares in Oswal Agro Mills Ltd. and Oswal Gr...

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 Quashes Executing Court Order Fixing Time Limit for Compliance of Restitution of Conjugal Rights Decree — Executing Court Cannot Add to Decree Beyond Its Scope. The Executing Court exceeded its jurisdiction by imposing a one-month time limit and directing payment of Rs.20,000 per month upon failure to comply with a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.

21 Apr 2010

The petitioner-husband and respondent-wife were married on 22nd April 1996. In 1998, the wife filed a petition for restitution of conjugal rights unde...

Tribunals

NCLAT Allows Liquidator's Appeal in Insolvency Case, Directs NLC India to Pay Rs. 40.98 Crores for Unpaid Dues. The Tribunal held that the Liquidator is entitled to recover amounts due under contracts executed before liquidation, including substation maintenance charges, retention amount, and unpaid invoices, as the claims arose prior to the liquidation commencement date.

30 Nov -0001

The Appellant, Mr. Amier Hamsa Ali Abbas Rawther, is the Liquidator of LSML Private Limited (Corporate Debtor). He filed an application (IA(IBC)/1618/...

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