Search Results for "Financial Institution Definition"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Financial Institution Definition"

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Tribunals

NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...

High Court

Bombay High Court Pronounces Judgment in Criminal Appeal Against MPID Court's Order Rejecting Application to Declare Attachment Void. Appeal Raises Questions on Compliance with Sections 4 and 5 of the Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999.

19 Jan 2016

The criminal appeal before the Bombay High Court arose from an order of the designated court under the Maharashtra Protection of Interests of Deposito...

High Court

Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

17 Dec 2020

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

High Court

High Court of Karnataka Dismisses Appeal by Asset Reconstruction Company Against Borrowers in SARFAESI Act Matter — Upholds Single Judge's Order Quashing Possession Notice Due to Non-Compliance with Section 13(2) and (3A). The Court Held That the Secured Creditor Must Strictly Adhere to the Statutory Procedure Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Before Taking Possession.

5 Jun 2024

The appellant, M/s. International Asset Reconstruction Company Limited, a secured creditor, issued a possession notice under the Securitisation and Re...

High Court

High Court of Karnataka Hears Writ Petition by Ex-Employee Challenging DRT Proceedings for Recovery of Alleged Loss Due to Misconduct. The Core Issue Is Whether Such Loss Constitutes a 'Debt' Within the Meaning of Section 2(g) of Recovery of Debts and Bankruptcy Act, 1993.

21 Apr 2023

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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...

High Court

High Court of Karnataka Allows Petition in Commercial Dispute Classification Case — Rejection of Plaint as Commercial Dispute Set Aside. Court holds that a suit for recovery of money based on a loan agreement for business purposes is a commercial dispute under Section 2(1)(c) of the Commercial Courts Act, 2015.

18 Jun 2025

The petitioner, M/s. Viswas Textile Processors, a partnership firm, filed a suit for recovery of money against ICICI Bank and other respondents. The s...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

Bombay High Court Directs Conditionally Leaves to Defend for Guarantors in Summary Suit, Rejecting DRT Jurisdiction and IBC Moratorium Claims. A Non-Banking Financial Institution's Summary Suit Against Guarantors is Maintainable Under Order XXXVII CPC, and Section 14 IBC Moratorium Does Not Bar Proceedings Against Guarantors.

28 Nov 2017

The plaintiff, a non-banking financial institution, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against two guarantor...

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