Search Results for "Section 446 Companies Act"

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Search Results for "Section 446 Companies Act"

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High Court

High Court of Karnataka Dismisses State's Appeal in Revenue Recovery Dispute Against Company in Liquidation. Priority of secured creditor's claim under Section 529A of Companies Act, 1956 upheld over State's statutory dues under Karnataka Land Revenue Act, 1964.

18 Sep 2025

The case involves an appeal by the State of Karnataka and its officers against an order of the Company Judge dated 03.11.1998 in Company Application N...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

5 Dec 2023

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

High Court

High Court of Karnataka Allows Condonation of Delay in Filing Revised E-Form INC-28 for Voluntary Dissolution. Court Permits Correction of Company Status from 'Under Liquidation' to 'Dissolved' Under Sections 637B, 446(2), 481 of Companies Act, 1956.

10 Jul 2020

The applicant, M/s. Plyworth Marketing India Pvt. Ltd. (under liquidation), filed Company Application No.32/2019 in O.L.R. No.9/2017 before the High C...

High Court

Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

23 Jun 2017

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

High Court

Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

23 Nov 2016

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

High Court

High Court of Karnataka Allows Rent Arrears Claim Against Company in Liquidation Under Section 446(2) of Companies Act, 1956 — Official Liquidator Directed to Pay Admitted Rent Arrears of Rs. 16,22,036. The court held that the claim for rent arrears from 2004 to 2015 is an admitted liability and the Official Liquidator must pay the amount within eight weeks.

11 Mar 2016

The applicant, Smt. Nandini Dinesh Shingte, is the absolute owner of an immovable property situated at Shiye Phata, Old National Highway No.4, Tuluqa,...

High Court

High Court of Karnataka Dismisses Winding-Up Petition for Disputed Debt and Lack of Jurisdiction — Foreign Company Cannot Seek Winding-Up of Indian Company Under Sections 433(e), 434 of Companies Act, 1956. The court held that a winding-up petition is not maintainable when the debt is bona fide disputed and the petitioner is a foreign company without a registered office in India.

28 Jul 2015

The petitioner, M/s. Arasor Corporation, a company incorporated in the United States of America, filed a company petition under Sections 433(e) and (f...

High Court

Bombay High Court Allows Appeal Against Dismissal of Amendment Application - Article 137 of Limitation Act Does Not Apply to Amendment of Pleadings Under Order 6 Rule 17 CPC. The court held that the right to apply for amendment arises when the need is discovered, not on filing of written statement, and allowed the amendment to avoid multiplicity of proceedings.

27 Feb 2013

The appeal arose from an order of the Learned Single Judge of the Bombay High Court dismissing a Chamber Summons for amendment of the written statemen...

High Court

Bombay High Court Recalls Winding Up Order and Dismisses Company Petition Under Section 466 of Companies Act, 1956 — Revival of Company Permitted on Payment of All Creditors. Shareholder's Application Allowed as Company Was Profitable and Debt Was Disputed; Principal Debt Already Paid to Legal Heir of Creditor.

8 Oct 2012

The Bombay High Court dealt with an application under Section 466 of the Companies Act, 1956, filed by S. K. Sarpotdar, a shareholder and contributory...

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