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Search Results for "BIFR reference"

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High Court

Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Quashes Pre-deposit Order in Customs Dispute. Merger of Sick Company with Petitioner Under SICA Extinguishes Pre-deposit Liability, and Revenue Authorities Are Bound by the BIFR Scheme.

7 Jan 2026

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a writ of mandamus directing respondents 1 to 3 (Director G...

High Court

Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Waiver of Pre-Deposit in Customs Dispute. BIFR Scheme Binding on Government Departments; Pre-Deposit Condition Quashed for Sick Industrial Company Under Section 35F of Central Excise Act, 1944.

7 Jan 2026

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a mandamus directing respondents 1 to 3 (Director General o...

High Court

Bombay High Court Allows Appeal of Assessee in Income Tax Case — Write-off of Advances and Expenses Held Allowable as Business Loss Under Section 28 of Income Tax Act, 1961. The court held that amounts advanced to a business associate in the course of business dealings and written off as irrecoverable are deductible as business loss.

9 Jun 2023

The appellant, Mahindra and Mahindra Ltd., a public limited company engaged in manufacturing and trading, filed an appeal under Section 206A of the In...

Supreme Court

Supreme Court Dismisses Appeal in Sick Industrial Companies Act Case Due to Non-Compliance with Statutory Auction Requirements. Auction Held Invalid as Reserve Price Not Notified in Auction Notice Under Section 21(c) of Sick Industrial Companies (Special Provisions) Act, 1985, and Procedural Fairness Lacking.

27 Apr 2023

The appeal concerned the validity of an auction conducted by Industrial Development Bank of India (IDBI) as the Operating Agency for the sale of asset...

High Court

Bombay High Court Quashes Assessment Orders Against Former Directors in GST Case — Personal Liability Cannot Be Imposed Without Shedding Corporate Veil. Directors Who Resigned Prior to Tax Period Cannot Be Held Liable for Company's Tax Dues Under MGST Act, BST Act, and CST Act Without Lifting Corporate Veil.

22 Aug 2022

The petitioners, Mukesh D. Ramani, Satish D. Sanghavi, and Prakash D. Sanghavi, were former directors of Twin City Organics Pvt. Ltd. They filed writ ...

High Court

Bombay High Court Dismisses Appeals by Employees' Union and Individual Claimant in Company Liquidation Dispute — Upholds Official Liquidator's Decision to Reject Claims as Time-Barred Under Section 529A of Companies Act, 1956. The court held that workmen's dues, though entitled to priority, must be claimed within the limitation period prescribed under Rule 148 of the Company Court Rules, 1959.

8 Aug 2019

The case involves two appeals filed by the Kamani Employees' Union and Mrs. Triveni A. Kulkarni against the Official Liquidator and others. The disput...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

24 Sep 2018

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Allows Winding Up Petition Against Company for Failure to Repay Convertible Bonds — Debt Admitted and Company Unable to Pay Under Section 433(e) of Companies Act, 1956. The court held that where a debt is admitted and the company is commercially insolvent, a winding up order is justified.

30 Jul 2013

The Bank of New York Mellon, London Branch, as trustee for bondholders, filed a winding up petition under Section 433(e) of the Companies Act, 1956 ag...

High Court

Bombay High Court Restrains Recovery of Excise Duty from Sick Industrial Company Without BIFR Consent. The court held that Section 22(1) of SICA bars coercive recovery of dues without prior consent of BIFR, protecting the petitioner-company's assets.

16 Mar 2005

The petitioner, Polymermann (ASIA) P. Ltd., is an industrial unit engaged in the manufacture of polymer chemicals, with its factory at MIDC, Ambad, Na...

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