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High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

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NCLAT Allows Appeal Against NCLT Order Permitting Erstwhile Promoter to Submit Resolution Plan. The Tribunal held that an erstwhile promoter who is a related party under Section 29A of the Insolvency and Bankruptcy Code, 2016 is ineligible to submit a resolution plan.

The appeal was filed by M/s. Meir Commodities India Pvt. Ltd., a prospective resolution applicant, challenging the order of the National Company Law T...

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Bombay High Court Upholds CLB Order on Share Transmission in Company Dispute. CLB's findings on oppression and mismanagement under Sections 397 and 398 of Companies Act, 1956 set aside due to lack of evidence.

The judgment concerns multiple company appeals arising from orders of the Company Law Board (CLB) in relation to Mehboob Productions Pvt. Ltd., a comp...

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High Court of Judicature at Bombay Determines Factual Enquiry Whether Share Transfer Resulted in Members Exceeding Fifty. Enquiry Directed by Supreme Court in Civil Appeal No. 2481 of 2014 Following Dispute Over Validity of Pre-emption Rights in Articles of Association.

The appeal was placed before the High Court of Judicature at Bombay following a remand order by the Supreme Court in Civil Appeal No. 2481 of 2014. Th...

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High Court of Judicature at Bombay Adjudicates Company Petition for Winding Up Over Unpaid Derivative Transaction Debts. The Petitioner Bank Claimed Rs.8.74 Crores from the Respondent Company Following Defaults on Forex Options Margin Calls Under ISDA Master Agreement.

The litigation stems from a company petition filed by HDFC Bank Ltd. under the provisions of the Companies Act, 1956 seeking winding up of Rohan Dyes ...