Search Results for "Presidency Towns Insolvency Act, 1909"

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Search Results for "Presidency Towns Insolvency Act, 1909"

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High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

High Court

Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

5 Oct 2023

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court upholds arbitral tribunal's interpretation of partnership deed and findings on dissolution, holding that reappreciation of evidence is not permissible under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Jun 2018

The petitioner, Yogendra N. Thakkar, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbi...

High Court

Bombay High Court Allows Discharge of Senior Citizen Insolvents Under Section 38 of Presidency-Towns Insolvency Act — Assets Fully Administered and No Objection from Creditor. Insolvents Granted Discharge After 9 Years of Undischarged Insolvency, Relieved of Stigma and Disabilities.

23 Feb 2016

The judgment concerns a discharge application filed by two insolvents, Lav Chadha and Naresh Chadha, who are senior citizens aged 65 and 61 respective...

High Court

Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

14 Oct 2013

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

High Court

Bombay High Court Sets Aside Insolvency Notice Against Partners Not Impleaded in Suit — Leave Under Order 21 Rule 50(2) CPC Required. Insolvency Notice Against Alleged Partners Without Prior Leave Under Order 21 Rule 50(2) CPC is Invalid as It Is a Step in Execution.

17 Aug 2010

The judgment debtors, M/s. Shiva Trading Corporation (a firm) and its alleged partners Gulab S. Daga and Jatin Devi Daga, filed a motion to set aside ...

High Court

Bombay High Court Dismisses Debtors' Motion to Set Aside Insolvency Notice in Consent Decree Dispute. Failure to Pay Agreed Amount by Stipulated Date Renders Debtors Liable for Full Decretal Amount Under Presidency Towns Insolvency Act, 1909.

13 Aug 2010

The petitioning creditor, Videocon Industries Ltd., filed Suit No. 1891 of 2000 against M/s Akar Laminators and the two judgment debtors, V.T. Seth & ...

High Court

Bombay High Court Dismisses Judgment Debtors' Notice of Motion for Condonation of Delay in Setting Aside Insolvency Notice — Delay of 1156 Days Uncondonable as It Would Prejudice General Body of Creditors. The Court held that insolvency proceedings involve the interests of all creditors, not just the original judgment creditor, and that the delay in challenging the insolvency notice cannot be condoned when it would prejudice other creditors who have already substituted in the proceedings.

15 Jun 2010

The case involves a Notice of Motion filed by the judgment debtors, Jayantilal Khandwala & Sons, seeking condonation of a 1156-day delay in setting as...

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