Search Results for "creditor definition"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "creditor definition"

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Supreme Court

Supreme Court Reverses NCLAT Decision on Corporate Insolvency Resolution Process Due to Pre-existing Dispute. The Court found that communications and actions by the corporate debtor prior to the demand notice under Section 8 of the Insolvency and Bankruptcy Code, 2016, indicated a genuine dispute requiring detailed investigation, barring admission under Section 9.

9 Apr 2026

The dispute arose from a corporate insolvency resolution process initiated by Respondent, the operational creditor, against Appellant, the corporate d...

Tribunals

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.

1 Jan 1970

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

High Court

Bombay High Court Allows Withdrawal of Court Deposits by Former Employee Despite Appellant's CIRP — Section 14 IBC Moratorium Does Not Bar Withdrawal of Pre-CIRP Deposits Made by Corporate Debtor. The court held that the deposit made by the corporate debtor as a condition for stay of execution is not an asset of the corporate debtor and is not covered by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

4 Jan 2023

The case involves an Interim Application filed by Rajendra Prasad Bansal (respondent in the First Appeal) seeking withdrawal of monies deposited by th...

Tribunals

National Company Law Appellate Tribunal Chenna Hears Appeal Against NCLT's Admission of CIRP Under Section 7 IBC — Challenge on Territorial Jurisdiction. Suspended Director Argues Application Should Have Been Filed in Bangalore Under Section 60(1) IBC as Corporate Debtor's Registered Office is in Bangalore and Exception Under Section 60(2) Not Applicable.

1 Jan 1970

The appeal arises from an order dated 09.10.2023 passed by the Adjudicating Authority (NCLT, Chennai) admitting a petition under Section 7 of the Inso...

High Court

Bombay High Court Dismisses Revenue's Appeal on Deemed Dividend Under Section 2(22)(e) of Income Tax Act, 1961. Loan to Taxpayer Company Not Deemed Dividend as Taxpayer Was Not Shareholder in Creditor Companies and Payment Was Not to Concern of Common Shareholder.

8 Feb 2019

The appeal before the Division Bench of the Bombay High Court arose from an order of the Income Tax Appellate Tribunal (ITAT), which had confirmed the...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor Seeking Performance Pay Under IBC — Claim for Performance Pay Not an 'Operational Debt' Under Section 5(21) of IBC, 2016 as It Is Discretionary and Not Based on Provision of Goods or Services.

30 Nov -0001

The appeal was filed by M. Ramakanth, an operational creditor, against the order of the National Company Law Tribunal, Hyderabad, which dismissed his ...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

High Court

High Court of Karnataka Hears Writ Petition by Ex-Employee Challenging DRT Proceedings for Recovery of Alleged Loss Due to Misconduct. The Core Issue Is Whether Such Loss Constitutes a 'Debt' Within the Meaning of Section 2(g) of Recovery of Debts and Bankruptcy Act, 1993.

21 Apr 2023

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Supreme Court

Supreme Court Allows Trade Union to File as Operational Creditor Under IBC — Workers' Dues Constitute Operational Debt. Trade Union, Being a Body Corporate Under Trade Unions Act, Can Represent Workmen Collectively for Insolvency Proceedings.

30 Apr 2019

The appeal arose from a long-standing dispute concerning a jute mill that had been closed permanently on 07.03.2014. The appellant, JK Jute Mill Mazdo...

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