Search Results for "Kotak Mahindra Bank"

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Search Results for "Kotak Mahindra Bank"

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Tribunals

NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.

3 Jul 2025

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...

High Court

Bombay High Court Dismisses Petition Seeking Waiver of Pre-deposit Under Section 129E of Customs Act, 1962. Mandatory Pre-deposit Cannot Be Waived Under Article 226 in Light of Supreme Court Precedent in Kotak Mahindra Bank.

6 Dec 2024

The petitioners, Lalit Kulthia and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking ...

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 Allows Appointment of Sole Arbitrator in Banking Investment Dispute - Failure of Respondent to Nominate Arbitrator Triggers Court's Power Under Section 11(6) of Arbitration and Conciliation Act, 1996. The court appointed a sole arbitrator to adjudicate disputes arising out of an Agreement dated 18th April, 2018 and Deed of Guarantee dated 18th April, 2018, as the respondent failed to nominate an arbitrator.

17 Jul 2023

The applicant, Kotak Mahindra Bank Ltd., a public company and banking company, filed an application under Section 11(6) of the Arbitration and Concili...

High Court

Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

27 Feb 2023

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

High Court

Bombay High Court Grants Interim Relief to Charterer in Arbitration Dispute Over Vessel Collision - Directs ONGC to Release Withheld Invoices and Maintain Status Quo on Bank Guarantee. The court held that the petitioner made out a strong prima facie case for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the contract did not permit withholding of payments for the collision incident.

6 Jun 2022

The petitioner, Ocean Sparkle Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pending ...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Allows Revenue's Appeal in Share Capital/Premium Case — Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investors Under Section 68 of Income Tax Act. The onus under Section 68 is on the assessee to establish the identity, creditworthiness, and genuineness of transactions; mere production of documents is insufficient when investor companies are non-existent or unresponsive.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

Supreme Court

Supreme Court Allows Revenue's Appeal in Income Tax Case — Upholds Addition Under Section 68 for Unexplained Share Capital. Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investor Companies Despite Receiving Share Premium at Rs. 190 per Share.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantor Despite Pending DRT Proceedings — Guarantee Invocation Notice and DRT Recovery Certificate Constitute Debt Under IBC. The NCLAT held that the Adjudicating Authority erred in rejecting the Section 95 application on the ground that the guarantee invocation notice and DRT recovery certificate do not constitute a debt under Section 3(10) of the IBC, 2016.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) heard two appeals filed by IDBI Bank Ltd. against orders of the NCLT, Indore Special Bench, reject...

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