Search Results for "Asset Recovery"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Asset Recovery"

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High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — No Grounds for Interference Under Article 227 as Arbitrator's Findings Are Plausible and Not Perverse. The court held that the High Court under Article 227 cannot reappreciate evidence or substitute its view with that of the arbitrator unless the award is perverse or suffers from jurisdictional error.

29 Apr 2026

The petitioner, Abdul Karim Noor Mohammed, filed a writ petition under Article 227 of the Constitution of India challenging an arbitral award passed b...

Tribunals

NCLAT Dismisses Indian Bank's Appeals in Insolvency Case — Income Tax Refund Held as Part of Corporate Debtor's Assets, Not Subject to Set-off by Bank. The Tribunal upheld the liquidator's right to recover the refund amount, ruling that the bank's claim of set-off under Section 14 of IBC was not maintainable after moratorium.

10 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) dismissed two appeals filed by Indian Bank challenging orders dated 19.12.2024 passed by the Natio...

High Court

Bombay High Court Quashes Reassessment Notice Against Corporate Debtor Under Insolvency Resolution — Income Tax Department Cannot Issue Section 148 Notice After Approval of Resolution Plan Under IBC, 2016. The court held that the moratorium under Section 14 IBC and the binding nature of the resolution plan under Section 31 IBC bar the Income Tax Department from reopening assessments for periods prior to the approval of the plan.

23 Dec 2021

The petitioner, Murli Industries Limited, a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016 (IBC), ch...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Secured Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The Court upheld the commercial wisdom of the Committee of Creditors in approving a resolution plan, ruling that consideration of security interest value under Section 30(4) is a guideline not subject to judicial review under Section 61(3), absent unfair treatment within the same class.

13 May 2021

The dispute arose from the corporate insolvency resolution process of VSP Udyog Private Limited, where India Resurgence ARC Private Limited, a secured...

Supreme Court

Supreme Court Dismisses Appeal by Dissenting Financial Creditor in Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. Approval of Resolution Plan by Committee of Creditors Based on Commercial Wisdom is Not Subject to Judicial Review on Grounds of Security Interest Value Omission, as Per Section 30(4) and Limited Scope Under Section 61(3).

13 May 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the corporate debtor VSP Udyog Private Limited. The appellan...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Allows Assessee's Reference, Holds Interest Income as Business Income in Mining Company's Diversification into Money Lending. Amendment of Memorandum and Articles of Association to include banking and money lending, coupled with actual lending activities, established money lending as a business under Section 28 of Income Tax Act, 1961.

8 Mar 2017

The case involves five Income Tax References filed by M/s Central Provinces Manganese Ore Company Limited, Nagpur, against the Commissioner of Income ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in SARFAESI Act Case — Civil Suit Held Not Maintainable Due to Bar Under Section 34 of SARFAESI Act. Borrowers Must Avail Remedy Under Section 17 Before DRT Instead of Seeking Injunction in Civil Court.

27 Sep 2016

The case involves an appeal filed by the appellants, who are borrowers and guarantors, against an order of the Commercial Division of the Bombay High ...

High Court

Bombay High Court Dismisses Challenge to Rule 8(5) of Security Interest (Enforcement) Rules, 2002 — Rule Permitting Authorised Officer to Fix Reserve Price in Consultation with Secured Creditor Held Valid. The Court Found No Arbitrariness as Borrower Has Remedy Under Section 17 of SARFAESI Act Before Debt Recovery Tribunal.

14 Nov 2011

The petitioners, M/s. Sea Poly Plast India Pvt. Ltd. & Ors., challenged the constitutional validity of Rule 8(5) of the Security Interest (Enforcement...

High Court

Bombay High Court Allows State Bank of India's Appeal Against MPID Act Attachment Order — Bank's Claim Over Property Prevails as Mortgage Was Prior to Default. Secured Creditor's Priority Under Section 31B of RDDBFI Act and Section 26E of SARFAESI Act Overrides MPID Act Attachment.

30 Nov -0001

The case involves an appeal by State Bank of India (SBI) against an order of the Special Court under the Maharashtra Protection of Interest of Deposit...

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