Search Results for "Moratorium"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Moratorium"

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High Court

Bombay High Court Allows Writ Petitions Challenging DRT Orders Under SARFAESI Act, Holding That Section 14 Orders Are Administrative and Not Subject to Appeal Under Section 18. The court clarified that the remedy against a Section 14 order lies only by way of writ petition under Article 226/227, and the DRT has no power to review or recall its own Section 14 order.

12 Dec 2025

The Bombay High Court dealt with a batch of writ petitions and interim applications challenging orders passed by the Debt Recovery Tribunal (DRT) unde...

High Court

Madras High Court Dismisses Writ Petition Challenging NCLT Order Admitting CIRP Against Corporate Debtor — Default and Debt Admitted, No Ground for Interference Under Article 226. The court held that the existence of debt and default is sufficient for admission under Section 7 IBC, and the writ petition is not maintainable due to alternative remedy under Section 61 IBC.

23 Jan 2025

The writ petition was filed by Dharamshi K. Patel and Kamala D. Patel, shareholders and suspended directors of Evershine Wood Packaging Private Limite...

Supreme Court

Supreme Court Allows Appeals Against Bombay High Court Order Setting Aside Interim Compensation Under Section 143-A NI Act. Signatory of Cheque Authorized by Company is 'Drawer' Liable for Interim Compensation Under Section 143-A of Negotiable Instruments Act, 1881.

24 Jul 2024

The appellant company entered into agreements with Cane Agro Energy (India) Ltd. (Cane) and made advance payments of Rs.63,46,00,000/- for supply of s...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Dismisses Writ Petition Seeking Quashing of NI Act Proceedings Against Corporate Debtor and Directors - Moratorium Under IBC Does Not Extinguish Liability of Natural Persons Under Section 141 NI Act. The Court held that moratorium under Section 14 of Insolvency and Bankruptcy Code, 2016 applies only to corporate debtor and natural persons under Section 141 of Negotiable Instruments Act, 1881 continue to be statutorily liable despite resolution plan acceptance.

28 Mar 2022

The Supreme Court considered a writ petition filed by a corporate debtor and its directors seeking quashing of criminal complaints under Section 138 o...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

17 Mar 2020

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

Supreme Court

Supreme Court Allows Appeals Against High Court Interim Stay in IBC Matter — Questions of Maintainability of Writ Petition and NCLT's Power to Inquire into Fraud Examined. The court held that the High Court should not have entertained a writ petition against an NCLT order when a statutory appeal to NCLAT was available, and that NCLT can inquire into fraud under Section 60(5)(c) of IBC, 2016.

3 Dec 2019

The Supreme Court heard three appeals arising from an interim order of the Karnataka High Court staying the operation of a direction by the National C...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

High Court

Bombay High Court Allows Arbitration Petitions Challenging Arbitral Award in Banking Dispute — Award Set Aside for Violation of Natural Justice and Failure to Consider Evidence. The court held that the arbitrator's failure to provide a reasoned award and consider the petitioners' evidence rendered the award contrary to public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

2 May 2015

The judgment pertains to two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award...

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