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

Search Results for "creditor definition"

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Supreme Court

Supreme Court Allows Appeals Against NCLAT Order Restricting Committee of Creditors to Single Project in CIRP of Supertech Ltd. — Interim Directions Issued for Consideration of Resolution Plans. The NCLAT's order converting the CIRP into a project-wise insolvency process was challenged as being contrary to the IBC, and the Supreme Court directed that offers from resolution applicants be considered pending final disposal.

11 May 2023

The Supreme Court of India heard three civil appeals arising from orders of the National Company Law Appellate Tribunal (NCLAT) in the corporate insol...

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...

Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

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...

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...

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

High Court

Bombay High Court Full Bench Upholds Appellant Bank in Debenture Trustee Suit, Holding Civil Court Jurisdiction Not Barred by RDB Act. Bank Acting as Debenture Trustee for Recovery of Debentureholders' Dues Is Not a 'Debt Due to Bank' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Suit Maintainable on Original Side.

7 Mar 2016

The litigation arose from a suit filed in February 2002 by a banking company acting as a debenture trustee for recovery of Rs. 997 lacs together with ...

High Court

High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. Court holds that the Prudential Framework dated June 7, 2019, requires lenders to convene a review meeting within 30 days of default to decide on a resolution plan.

25 Jun 2026

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...

High Court

Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

1 Dec 2016

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Recovery of Security Deposit Under RDB Act. Security Deposit Refund Under Leave and License Agreement is Not a 'Debt' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, as It Does Not Arise from a Banking Transaction or Financial Assistance.

19 Oct 2018

The petitioner, HDFC Bank Ltd., a private sector bank, filed a writ petition challenging the order of the Debt Recovery Tribunal (DRT) at Pune, which ...

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