Search Results for "decretal debt"

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Search Results for "decretal debt"

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High Court

Bombay High Court Allows Release of Sale Proceeds to Decree Holder in Admiralty Execution — Priority of Claim Over Subsequent Attachments. The court held that a decree holder in an admiralty suit is entitled to the sale proceeds of the judgment debtor's vessels lying in court, and such proceeds cannot be attached by other creditors without a prior order of interpleader or garnishee.

10 Oct 2025

The Applicant, Valimohamed Hasher Khakhra, filed an Interim Application in Execution Application No. 623 of 2024 seeking a direction to the Prothonota...

High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

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 Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

High Court

High Court of Karnataka Dismisses Writ Petition by Government Undertaking Challenging Execution Court Order on Interest Calculation in Arbitral Award Enforcement. Court upholds execution court's acceptance of decree holder's memo of calculation, rejecting judgment debtor's objections regarding interest computation under Section 34 of CPC.

4 Apr 2017

The petitioners, Karnataka Neeravari Nigam Ltd. and its Executive Engineer, a Government of Karnataka undertaking, had engaged the respondent, M/s. Sh...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Dismisses Petition Challenging DRAT Order Upholding DRT's Refusal to Condon Delay in Filing Appeal Against Recovery Certificate. The court held that the petitioner failed to show sufficient cause for the delay of over 7 years in filing the appeal under Section 20(3) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

29 Aug 2012

The petitioner, Manilal Govindji Khona, a sole proprietor of Messrs. Prisiko Cotton Traders, filed a writ petition challenging the order dated 10.4.20...

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 & ...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantor Despite Pending DRT Proceedings — Guarantee Invocation Notice and DRT Recovery Certificate Constitute Debt Under IBC. The NCLAT held that the Adjudicating Authority erred in rejecting the Section 95 application on the ground that the guarantee invocation notice and DRT recovery certificate do not constitute a debt under Section 3(10) of the IBC, 2016.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) heard two appeals filed by IDBI Bank Ltd. against orders of the NCLT, Indore Special Bench, reject...

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