Search Results for "insolvency appeal"

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Search Results for "insolvency appeal"

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Supreme Court

Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

24 Feb 2026

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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...

High Court

High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry.

2 Jan 2020

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished b...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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 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 ...

Tribunals

National Company Law Appellate Tribunal Allows Appeals by Homebuyers Associations Against NCLT Order Rejecting Impleadment in CIRP — Allottees Held to Be Financial Creditors Under IBC Entitled to Be Heard. The Tribunal directed impleadment of the associations in the pending application before the Adjudicating Authority to ensure their right to be heard is protected.

30 Nov -0001

The case involves four appeals filed by two residents' associations (Sharon Hills Residents Association and Angelwoods Apartments Allottees Associatio...

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