Search Results for "dissenting creditor"

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Search Results for "dissenting creditor"

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High Court

High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. Court holds that the Prudential Framework dated June 7, 2019, requires lenders to convene a review meeting within 30 days of default to decide on a resolution plan.

25 Jun 2026

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...

High Court

High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. The court held that the RBI circular dated June 7, 2019, is binding on banks and that the borrower has a right to seek a review meeting under the framework.

25 Jun 2026

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

Supreme Court

Supreme Court Allows Appeals in Resolution Plan Approval Case, Overturning High Court's Dismissal. High Court Erred in Not Exercising Inherent Powers Under Section 151 CPC to Approve Plan Beneficial to Small Debenture Holders, Leading Supreme Court to Use Article 142 Powers for Approval.

3 Mar 2023

The Supreme Court of India heard appeals challenging the Bombay High Court's order dated 16 December 2022, which dismissed an interim application file...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent Act in Suit for Recovery of Loan Facilities — Defendant No. 5's Application Allowed as No Cause of Action Arose Within Jurisdiction. Territorial Jurisdiction Under Clause XII of Letters Patent Act, 1866 Requires Cause of Action to Arise Within Court's Limits; Mere Registered Office of Plaintiff Insufficient.

4 Feb 2013

The Plaintiff, Future Corporate Resources Ltd., filed a suit in the Bombay High Court for recovery of short-term loan facilities advanced to Defendant...

High Court

Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

4 Feb 2013

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

High Court

Bombay High Court Allows Appeals Against Rejection of Winding Up Petitions Under Sections 433 and 434 of Companies Act, 1956 — Held That Disputed Debts Require Trial and Cannot Be Decided in Summary Proceedings. The court set aside the dismissal order and remanded for consideration of interim relief, directing the respondent to deposit the disputed amount or provide security.

7 Jan 2013

The appellants, Innovatherm GmbH and Electrification Charpente Levage SAS, filed winding up petitions under Sections 433 and 434 of the Companies Act,...

Supreme Court

Supreme Court Considers Whether a Bond Executed by a Company Director Constituted a Contract of Guarantee or Indemnity Under Section 126 of the Indian Contract Act, 1872. The Court Also Examined the Binding Nature of a Scheme of Composition Sanctioned Under Section 391 of the Companies Act, 1956 on Dissenting Creditors.

17 Sep 1969

The case involved a cash-credit account opened by the first respondent company with the appellant bank. On June 7, 1953, the company executed a promis...

Tribunals

NCLAT Allows Appeals by Commercial Space Buyers in CIRP of IP Constructions Pvt. Ltd. — Resolution Plan Must Include Allottees' Claims. The Tribunal held that commercial space allottees are 'financial creditors' under Section 5(8)(f) of the Insolvency and Bankruptcy Code, 2016, and their claims must be considered in the resolution plan.

30 Nov -0001

The judgment arises from three appeals filed by commercial space allottees against orders of the National Company Law Tribunal (NCLT), Principal Bench...

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