Search Results for "Provisional attachment"

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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Bombay High Court Deliberates on Applicability of Limitation Act to Appeals Before Collector Under Section 137 of Bombay Prohibition Act, 1949. Issue Centered on Whether Collector is a 'Court' for the Purpose of Section 29(2) of the Indian Limitation Act, 1963.

The writ petition arose from a demand notice dated 23 June 2003 issued to the petitioner, proprietress of Vishal Liquors, an ex-CLII licensee, for an ...

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Bombay High Court Allows MIDC to Resume Possession of Plots from Company in Liquidation for Non-Payment of Rent. Lease Termination Upheld Under Section 433(e) of Companies Act, 1956 — Permission Granted Under Section 446 for Resumption of Possession.

The Maharashtra Industrial Development Corporation (MIDC) filed an application seeking permission to resume legal and physical possession of Plots No....

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High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appoin...

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Bombay High Court Dismisses Admiralty Suit by Consignee for Non-Delivery of Goods; Dubai Court Order Frustrated Contract of Affreightment. Non-delivery was due to a Dubai Court order attaching the cargo, which frustrated the contract of affreightment, absolving the defendants of liability.

The case involved an admiralty suit filed by Bhatinda Chemicals Ltd., the consignee, against the vessel m.v. 'X-PRESS NUPTSE' and its owners, Fintas S...

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High Court of Judicature at Bombay Hears Appeals Against Issuance and Non-Cancellation of Non Bailable Warrant in MPID Act Case. Director Challenges Jurisdiction and Procedure of NBW Issued by Special Court Despite Prior Appearance Through Counsel in Attachment Proceedings.

The appellant, a former non-executive director of National Spot Exchange Limited (NSEL) and resident of the United States, challenged the issuance of ...