Search Results for "insolvency appeal"

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NCLAT Sets Aside NCLT Order in IBC Liquidation Case for Violating Natural Justice by Ignoring SRA's Counter Affidavit. The Successful Resolution Applicant's e-filed counter was accepted but not considered, leading to remand for fresh hearing.

The case involves an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, filed by the Successful Resolution Applicant (SRA) challengi...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Dismisses Petitions Challenging Termination of Highway Construction Contracts for Non-Compliance with Contractual Conditions. Court upholds termination based on failure to achieve prescribed milestones and maintain financial solvency under the National Highways Act, 1956.

The judgment involves two writ petitions filed by construction companies challenging the termination of contracts awarded by the Ministry of Road Tran...

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High Court of Karnataka Allows Winding Up Petition Against Airline Company for Inability to Pay Debts. Creditor's Statutory Demand for USD 3 Million Remained Unpaid, Leading to Order for Winding Up Under Sections 433(e) and (f) of the Companies Act, 1956.

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a company petition under Sections 433(e) and (f) r...

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High Court of Karnataka Dismisses Winding-Up Petition Against Kingfisher Airlines Ltd. for Lack of Service of Statutory Notice. Petition under Sections 433(e) and (f) of the Companies Act, 1956 fails as petitioner Aerotron Limited did not prove service of demand notice under Section 434.

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a winding-up petition under Sections 433(e) and (f...

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High Court of Karnataka Allows Winding Up Petition Against Airline Company for Inability to Pay Debts Under Companies Act, 1956. The court held that the company was commercially insolvent and unable to pay its debts, and appointed the Official Liquidator to take charge of its assets.

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a company petition under Sections 433(e) and (f) r...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...