Search Results for "Debt Recovery Tribunal"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Debt Recovery Tribunal"

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Tribunals

NCLAT Allows Section 7 Petition in Insolvency Case Due to Acknowledgment of Debt in Balance Sheets and Emails. Repeated acknowledgment of debt by Corporate Debtor in balance sheets and emails extends limitation period under Section 18 of Limitation Act, 1963, saving the petition from being time-barred.

3 Jul 2025

The case involves an appeal filed by Akzo Nobel India Ltd. (Financial Creditor) against Stan Cars Pvt. Ltd. (Corporate Debtor) under Section 61 of the...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case — Pre-Existing Dispute Regarding Quality of Services Bars CIRP Initiation. The dispute regarding quality of transportation services raised by the Corporate Debtor prior to the demand notice constitutes a pre-existing dispute under Section 9 of the Insolvency and Bankruptcy Code, 2016, and the Adjudicating Authority correctly dismissed the application.

4 Sep 2024

The appeal was filed by Union Roadways Limited (Operational Creditor) against Ice Steel 1 Private Limited (Corporate Debtor) under Section 61 of the I...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

Supreme Court

Supreme Court Dismisses Appeal of Suspended Director Against Admission of Insolvency Petition by Canara Bank Under Section 7 of IBC. Held that a suspended director has no locus standi to challenge the admission of a Section 7 application as the corporate debtor is the proper party.

11 May 2023

The case involves an appeal by M. Suresh Kumar Reddy, claiming to be a suspended director of M/s Kranthi Edifice Pvt. Ltd. (corporate debtor), against...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Allows Guarantor's Petition in RDB Act Execution Case — Notice Under Section 31A Mandatory. Failure to Serve Notice on Judgment Debtors Before Issuing Recovery Certificate Violates Natural Justice and Section 31A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

14 Jun 2017

The petitioner, Dr. Sudhakar Borkar, was a guarantor to a loan taken by respondent No.5 (M/s R & S Enterprises) from respondent No.1 (State Bank of In...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

28 Mar 2014

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

High Court

Bombay High Court Dismisses Writ Petition Challenging Predeposit Condition for Appeal Against Interlocutory Order Under SARFAESI Act. Section 18(1) of SARFAESI Act, 2002 Requires Deposit of 50% of Debt for Any Appeal Under Section 17, Including Interlocutory Orders, and Appellate Tribunal May Reduce to 25%.

16 Nov 2010

The petitioners, M/s Vinay Container Services Pvt. Ltd. and its guarantors, challenged an order of the Debts Recovery Appellate Tribunal (DRAT) which ...

High Court

Bombay High Court Allows State's Petition to Set Aside Arbitral Award in Land Acquisition Dispute — Compensation Enhancement Set Aside Due to Lack of Evidence. Court holds that the Arbitral Tribunal cannot award compensation beyond the Reference Court's award without proper evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The case involves two cross-petitions arising out of an arbitral award under the Arbitration and Conciliation Act, 1996, concerning compensation for l...

High Court

Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

30 Nov -0001

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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