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Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

Supreme Court

Supreme Court Allows Appeals of Successful Resolution Applicant and Resolution Professional in IBC Case — Commercial Wisdom of CoC Upheld. NCLAT Order Set Aside as It Improperly Interfered with CoC's Decision to Accept H1 Bidder's Plan Despite Belated Revised Offer.

17 Dec 2021

The Supreme Court allowed the appeals filed by Ngaitlang Dhar (successful resolution applicant) and Amit Pareek (Resolution Professional) against the ...

Supreme Court

Supreme Court Allows Union of India's Appeal in BSF Disciplinary Case — Commandant's Power to Order Additional Record of Evidence Upheld. The Court held that the Commandant had jurisdiction to direct preparation of additional RoE under Rule 51 of BSF Rules, 1969, and that reasons for conviction need not be recorded by SSFC or appellate authority under Section 117(2) of BSF Act, 1968.

3 Dec 2021

The Union of India and officials of the Border Security Force appealed against a judgment of the Calcutta High Court which quashed disciplinary procee...

Supreme Court

Supreme Court Allows Appeal in Debt Recovery Case on Limitation Issue - Section 5 of Limitation Act, 1963 Not Applicable to Appeals Under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court held that the legislative intent expressly excludes Section 5, making the 30-day appeal period non-condonable, and overruled the High Court's reliance on an earlier precedent.

24 Nov 2021

The dispute arose from an appeal filed by a bank against an order of the Recovery Officer under the Recovery of Debts due to Banks and Financial Insti...

Supreme Court

Supreme Court Disposes of Appeal in Debt Recovery Case with Interim Deposit and Attachment Orders. Court directed appellant to deposit Rs.5 crores, permitted respondent to withdraw amounts, continued attachment of shares, and ordered timely disposal of pending appeal under the Recovery of Debts and Bankruptcy Act, 1993.

27 Oct 2021

The Supreme Court of India disposed of a civil appeal arising from a special leave petition, which challenged the High Court of Rajasthan's dismissal ...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Directors in Insolvency Case on Maintainability and Limitation Grounds. Application under Section 7 of Insolvency and Bankruptcy Code, 2016 Filed by Power of Attorney Holder is Maintainable and Not Barred by Limitation Due to Acknowledgments Extending Period Under Section 18 of Limitation Act, 1963.

30 Sep 2021

The dispute arose from an application filed by Union Bank of India (Financial Creditor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 ag...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

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 ...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

20 Jul 2020

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

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