Search Results for "creditor companies"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "creditor companies"

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High Court

Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

9 Aug 2010

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

High Court

Bombay High Court Allows Withdrawal of Winding-Up Petitions by Creditor in Company Law Dispute — Official Liquidator's Report Not a Bar. Court held that a creditor can withdraw a winding-up petition before advertisement under Section 466 of Companies Act, 1956, even after the Official Liquidator's report, as the petition remains a private dispute until advertisement.

30 Nov -0001

The judgment concerns two company applications (CA 80/2012 and CA 81/2012) filed by Pavlova Estates Private Limited (the applicant) seeking withdrawal...

Tribunals

NCLAT Allows Appeal Against Dismissal of Section 7 IBC Application by Financial Creditor. Loan Agreement and Default Established Through Signed Documents and Acknowledgment of Debt.

30 Nov -0001

The present appeal was filed by Desana Impex Limited (Appellant), a Non-Banking Financial Corporation (NBFC) registered under the Companies Act, 2013 ...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

8 Dec 2005

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

High Court

Bombay High Court Rejects Preliminary Objection to Maintainability of Winding Up Petition, Holding Statutory Notice Issued Before Assignment Valid Under Section 434 of Companies Act, 1956. Unliquidated Damages Claim Cannot Defeat Admitted Debt; Petition Maintainable Even If Notice Given by Original Creditor Before Assignment of Debt to Petitioner.

24 Feb 2005

The case arose from a company petition filed under Sections 433 and 434 of the Companies Act, 1956 by Clicquot Asia Limited, a foreign manufacturer of...

High Court

Bombay High Court Dismisses Appeal by Secured Creditor IDBI in Company Petition for Oppression and Mismanagement — Upholds CLB Order Refusing Interim Relief. Court holds that a secured creditor cannot maintain a petition under Sections 397 and 398 of the Companies Act, 1956 for alleged mismanagement, as the remedy lies under the SARFAESI Act or other recovery laws.

30 Nov -0001

The case involves an appeal by Industrial Development Bank of India Ltd. (IDBI), a secured creditor, against an order of the Company Law Board (CLB) r...

High Court

Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

18 Jul 2006

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

High Court

High Court of Bombay Grants Direction Dispensing with Section 101(2) Procedure in Reduction of Share Capital – Interpretation of 'Any Other Case' under Section 101(2) and Discretion of Court. The court held that where reduction does not involve diminution of liability in respect of unpaid share capital or payment to shareholders, Section 101(2) does not automatically apply, and the court has discretion to dispense with creditor objection procedure under Section 101(3) in special circumstances.

10 Feb 2005

The applicant, Rallis India Limited, a public limited company, had merged four loss-making subsidiaries, resulting in an accumulated debit balance of ...

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