Search Results for "Presidency Towns Insolvency Act"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "Presidency Towns Insolvency Act"

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High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

11 Dec 2019

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Loan Transaction. Court holds that a document styled as an agreement to sell cannot be recharacterized as a loan transaction without clear evidence of a loan and that the plaintiff must prove the agreement and readiness and willingness to perform.

8 Dec 2025

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell dated 1st August 1996, whereby the respondent (origin...

High Court

Bombay High Court Allows PF Commissioner's Challenge Against Official Liquidator's Rejection of Damages and Interest Claims in Winding Up. Priority under Section 11(2) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 extends to damages under Section 14B and interest under Section 7Q.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator, High Court...

High Court

Bombay High Court Allows PF Commissioner's Claim for Interest Under Section 7Q Up to Winding Up Date in Company Liquidation. Priority Under Section 11(2) of PF Act Extends to All Dues Including Interest, But Damages Under Section 14B Must Be Levied Prior to Winding Up.

6 Jan 2016

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator of M/s. Zod...

High Court

High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Payment of Provident Fund Dues from Bank Sale Proceeds. Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 creates a first charge over assets of the establishment, overriding the claims of a secured creditor under the SARFAESI Act.

16 Jun 2026

The petitioner, the Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, filed a writ petition under Articles 226 and 227 o...

High Court

Bombay High Court Allows Appeal Against Conditional Leave to Defend in Commercial Summary Suit Based on Dishonoured Cheque — Reduces Deposit Amount from Full Cheque Value to 50%. The court held that a triable defence of blank cheque issuance warrants a less onerous condition for leave to defend under Order 37 CPC and Commercial Courts Act, 2015.

11 Jun 2018

The case arises from a Commercial Summary Suit filed by the respondent/plaintiff (Motilal Laxmichand Salecha HUF) against the appellant/defendant (Mou...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

31 Oct 2017

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Loan Recovery — Bombay Money Lenders Act Defence Rejected as Suit Based on Negotiable Instruments. The court held that the suit based on cheques and bills of exchange is not barred under the Bombay Money Lenders Act, 1946, and the appellant must deposit the principal amount of Rs.67 crores as a condition for leave to defend.

20 Nov 2014

The appeal arises from an order of the learned Single Judge granting the appellant (original defendant) leave to defend the summary suit conditional u...

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