Search Results for "Company Liquidation"

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Search Results for "Company Liquidation"

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High Court

Bombay High Court Dismisses Landlord's Application for Possession from Official Liquidator in Bank Winding-Up — No Alternative Premises Provided Despite Earlier Direction. Section 457 of Companies Act, 1956 does not empower court to order eviction of liquidator without suitable alternative accommodation being made available.

15 Apr 2026

The Applicant, Shree Vishnu Holdings & Consultants Pvt. Ltd., is the owner and landlord of premises situated at Jayshree Chambers, 82 Nagindas Master ...

High Court

Bombay High Court Allows Official Liquidator's Application for Sale of Company Assets in Winding-Up — Rejection of Higher Non-Compliant Offer Upheld. Court holds that strict compliance with earnest money deposit conditions is essential under Rule 272 of the Companies (Court) Rules, 1959, and the Official Liquidator's decision to accept a lower but compliant offer is valid.

1 Dec 2025

The case involves an application by the Official Liquidator seeking approval for the sale of assets of M/s. Navinon Ltd. (In Liquidation) to the appli...

High Court

Bombay High Court Allows Appeal in Company Petition — Interim Relief Granted to Restrain Alienation of Property. Balance of convenience favored grant of ad-interim relief to protect subject matter of petition under Sections 397, 398 of Companies Act, 1956.

1 Jan 2025

The present appeal arises from a Company Petition No. 149 of 2012 filed under Sections 397 and 398 of the Companies Act, 1956, alleging oppression and...

Tribunals

NCLAT Dismisses Appeal of Successful Resolution Applicant Seeking Stay of Liquidation Order. Failure to Deposit Balance Amount Within Stipulated Time Leads to Forfeiture of Right to Seek Extension.

10 May 2024

The Appellant, Mr. C. Sivasami, was the successful resolution applicant and promoter of M/s. Topknit Processing Mills Pvt. Ltd., the Corporate Debtor....

High Court

Bombay High Court Dismisses State's Appeals in Liquidation Priority Dispute — Official Liquidator's Statutory Lien Under Section 529A of Companies Act Prevails Over State's Claim Under MPID Act. The court held that the Companies Act, 1956, being a special statute for winding up, overrides the MPID Act, 1999, and the Official Liquidator's lien for workmen and secured creditors is paramount.

25 Aug 2022

The case involves two appeals filed by the State of Maharashtra against orders of the Company Court dated 9th June 2017, which rejected the State's cl...

Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

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 Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

High Court

Bombay High Court Dismisses Bank's Writ Petitions Against Labour Court Orders in Recovery Proceedings Under Section 33C(2) of Industrial Disputes Act, 1947 — Held That Assignee Bank Steps Into Shoes of Transferor and Is Liable for Pre-Transfer Claims of Workmen.

30 Nov -0001

The petitioners, the Authorized Officer and Chairman & Managing Director of IDBI Bank (Stressed Assets Stabilization Fund), filed four writ petitions ...

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