Search Results for "Insolvency Code"

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Search Results for "Insolvency Code"

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Supreme Court

Supreme Court Sets Aside NCLAT Order Condoning Delay in Filing Appeal Under IBC — Filing Without Certified Copy of Impugned Order Renders Appeal Incompetent. The Court held that an appeal under Section 61 of the IBC must be accompanied by a certified copy of the impugned order or an exemption application; failure to do so makes the appeal incurably defective.

12 May 2026

The case arises from an appeal filed by M Lalitha (respondent No. 1) before the National Company Law Appellate Tribunal, Chennai (NCLAT), under Sectio...

Tribunals

NCLAT Dismisses Liquidator's Appeal Against Dismissal of Contempt Petition in Insolvency Case — No Willful Disobedience of Tribunal Order Established. Liquidator's Contempt Plea Fails as Respondent's Actions Did Not Amount to Willful Disobedience of Judgment Dated 02.08.2023 Under Section 60(5) of IBC, 2016.

4 Oct 2024

The Appellant, Mr. Pankaj Dhanuka, the Liquidator of Lanco Kondapalli Power Limited, filed a contempt petition before the National Company Law Tribuna...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Cheating Case Arising from Commercial Transaction. Failure to Repay Debt Does Not Automatically Attract Section 420 IPC Without Proof of Initial Dishonest Intention.

1 Jan 2023

The Supreme Court allowed the appeal against the High Court's refusal to quash criminal proceedings under Section 420 IPC. The appellant was a busines...

High Court

Bombay High Court Allows Personal Guarantor to Travel Abroad for Sister-in-Law's Marriage, Holds Right to Travel Abroad Part of Personal Liberty Under Article 21 of Constitution of India. The court set aside Debt Recovery Tribunal's order refusing travel permission, finding it arbitrary and violative of Article 21.

7 Jun 2022

The petitioner, Anurag Gupta, a personal guarantor of a company under liquidation, challenged an order of the Debt Recovery Tribunal (DRT) refusing hi...

High Court

Bombay High Court Allows Transfer of Vehicle Ownership in Favor of Auction Purchaser Despite Pending Tax Dues. Held that the transferee cannot be saddled with prior tax liabilities of the transferor under Section 50 of the Motor Vehicles Act, 1988.

6 Apr 2021

The petitioner, Raman Roadways Private Limited, a private limited company engaged in transportation business, filed a writ petition under Article 226 ...

High Court

High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder.

22 Oct 2019

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed b...

Supreme Court

Supreme Court Sets Aside NCLAT Order on Limitation for IBC Section 7 Application. Article 137 of Limitation Act Applies, Not Date of IBC Commencement.

30 Sep 2019

The Supreme Court allowed the appeal filed by Sagar Sharma & Anr. against the order of the National Company Law Appellate Tribunal (NCLAT) in a matter...

Tribunals

NCLAT Sets Aside Impleadment Order in CIRP Proceedings for Violation of Natural Justice — Corporate Debtor's Director Cannot Be Impleaded Without Notice Under Section 60(5) IBC. The order of impleadment was passed without prior notice to the Appellant, violating principles of natural justice, and was set aside with a remand for fresh consideration.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, heard an appeal filed by Inkel Limited, represented by its Managing Director, agai...

Tribunals

NCLAT Clarifies Certified Copy Requirement for Filing Appeal Under Section 61 of IBC, 2016. The court held that an uncertified copy can be filed, but limitation runs from receipt of certified copy.

30 Nov -0001

This judgment arises from a reference made to a single member bench of the National Company Law Appellate Tribunal (NCLAT) at Chennai due to a dissent...

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