Search Results for "Presidency Towns Insolvency Act, 1909"

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Search Results for "Presidency Towns Insolvency Act, 1909"

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High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

High Court

Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

9 Nov 2020

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

High Court of Bombay Allows Secured Creditor's Appeal Against Direction to Deposit Title Deeds in Insolvency — Official Assignee Cannot Demand Title Deeds Without Adjudication of Mortgage Validity Under Presidency Towns Insolvency Act, 1909.

25 Feb 2019

The appeal was filed by Punjab National Bank (the appellant) against an order of a learned Single Judge of the Bombay High Court in Official Assignee'...

High Court

Bombay High Court Allows Deletion of Properties from Insolvent's Assets List in Insolvency Proceedings — Title of Stranger Cannot Be Adjudicated by Insolvency Court. The court held that the Insolvency Court has no jurisdiction to decide the title of a stranger to the insolvency and directed deletion of two flats from the list of assets of the insolvent under the Presidency Towns Insolvency Act, 1909.

2 Sep 2015

The case involves two Notices of Motion filed by Mrs. Renu Prakash Jaisingh seeking deletion of two residential flats from the list of assets of the i...

High Court

Bombay High Court Dismisses Petitioning Creditor's Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Due to Limitation Bar. The Registration of the Deed of Confirmation, Constituting the Act of Insolvency, Occurred on 29 June 2009, While the Petition Was Filed on 15 December 2009, Exceeding the Three-Month Condition Precedent Required Under Section 12(1)(c) of the Act.

29 Oct 2012

The Bombay High Court, by judgment dated 29 October 2012, dismissed Insolvency Petition No. 10 of 2010 filed by Apna Sahakari Bank Ltd. (the petitioni...

High Court

Bombay High Court Dismisses Motion to Set Aside Insolvency Notice Based on Arbitral Award — No Stay of Execution Exists. Pendency of appeal under Section 37 of Arbitration and Conciliation Act, 1996 does not operate as stay unless specifically granted, and insolvency notice based on award not stayed is valid.

16 Oct 2012

The case involves a Notice of Motion taken out by Mr. Harshad Moorlidhar Shah, Judgment Debtor No. 3, to set aside Insolvency Notice No. N/19 of 2012 ...

High Court

Bombay High Court Allows Substituted Petitioning Creditor in Insolvency Proceedings Based on Original Act of Insolvency. Hire Purchase Claim Held Valid as Debt Under Presidency Towns Insolvency Act, 1909 Despite Lack of Decree.

17 Oct 2006

The Insolvency Petition was originally filed by Mandvi Cooperative Bank Ltd. based on an award of the Cooperative Court dated 7th August 2000. An Inso...

Supreme Court

Supreme Court Allows Donees to Lead Oral Evidence Contradicting Deed of Gift in Insolvency Proceedings Under Section 55 of Presidency-towns Insolvency Act, 1909. Section 92 of Evidence Act Held Inapplicable as Official Assignee Is Not a Representative in Interest of the Insolvent.

20 Feb 1958

This appeal arose from proceedings initiated by the Official Assignee of Bombay under Section 55 of the Presidency-towns Insolvency Act, 1909, to decl...

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