Search Results for "BIFR jurisdiction"

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Bombay High Court Allows Writ Petition Challenging Electricity Disconnection of Sick Industrial Company. Government's Communication to MSEDCL to Disconnect Supply Set Aside as Violative of Natural Justice and Contrary to BIFR Directions.

The petitioner, Goradia Special Steels Ltd., a company incorporated under the Companies Act 1956, is a sick industrial company registered with the Boa...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Summary Suit — Defendant Failed to Show Sufficient Cause for Non-Appearance. Order XXXVII Rule 4 CPC Requires Strict Compliance with Conditions for Setting Aside Ex-Parte Decree.

The appellant, Purnendu Shekharmal Jain, was the original defendant in Summary Suit No. 2539 of 2012 filed by M/s ACG Associated Capsules P Ltd. An ex...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Allows Winding Up of Swadeshi Mills Co. Ltd. in Creditors' Petitions and BIFR Recommendation. Company declared unable to pay debts and commercially insolvent; winding up ordered under Sections 433(e) and 434 of the Companies Act, 1956.

The judgment concerns multiple company petitions filed by creditors and the Board for Industrial and Financial Reconstruction (BIFR) seeking the windi...

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Bombay High Court Allows SFC Petition Against Guarantors Under Section 31(1)(aa) of SFC Act, 1951 — Guarantors Liable Despite Company's Winding Up. Guarantee is a separate contract and liability of guarantor is co-extensive with principal debtor under Section 128 of Indian Contract Act, 1872.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951 ag...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...

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Bombay High Court Dismisses Petition Challenging Nationalisation of Textile Mill Under Sick Textile Undertakings (Nationalisation) Act, 1974. Court upholds validity of notification taking over management of Elphinstone Spinning and Weaving Mills Co. Ltd. as a sick textile undertaking.

The petitioners, Elphinstone Spinning and Weaving Mills Co. Ltd. and its director Ashok Kumar Jalan, filed a writ petition challenging the notificatio...