Search Results for "instalment default"

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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 "instalment default"

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Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Director in IBC Section 7 Admission Case — Balance Sheet Entries Constitute Valid Acknowledgement of Debt Under Section 18 of Limitation Act, 1963. The Court held that entries in the balance sheet of a corporate debtor, even without naming the specific creditor, amount to an acknowledgement of debt extending limitation under Section 18 of the Limitation Act, 1963, read with Section 238A of the Insolvency and Bankruptcy Code, 2016.

18 Oct 2024

The appeal arose from the admission of a Section 7 application under the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribun...

High Court

Bombay High Court Allows Petition Challenging Disqualification of Director Under MCS Act — Default Not Established as Loan Was Not from the Same Society. Disqualification under Section 73CA(1)(i)(b) of Maharashtra Co-operative Societies Act, 1960 requires default to the same society, not any other entity, and a compromise decree discharges liability.

17 Nov 2022

The petitioner, Shri Yuvraj Datajirao Patil, was elected as a member of the Board of Directors of Shetkari Sahakari Sangh (Respondent No.4) in 2015. R...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

Bombay High Court Allows MSFC Petition Under SFC Act for Recovery of Loan Against Borrower and Guarantors — Personal Guarantors Cannot Escape Liability Despite Company's Sickness. The court held that the liability of personal guarantors under Section 31 of the State Financial Corporation Act, 1951 is independent of the borrower's financial condition.

28 Feb 2005

The Maharashtra State Financial Corporation (MSFC) filed a Miscellaneous Petition under Sections 31, 31(1)(aa), and 32 of the State Financial Corporat...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

Supreme Court

Supreme Court Dismisses Appeals in MRTP Act Compensation Dispute, Upholding NCLAT's Interest Award. Developer Found Guilty of Unfair Trade Practice for Delayed Construction and Cancellation, Entitling Complainant to Compound Interest Under Section 12B of Monopolies and Restrictive Trade Practices Act, 1969.

31 Jan 2023

The dispute originated from a 1989 flat allotment in Ghaziabad where the original applicant died and was succeeded by her daughter-in-law, who continu...

High Court

Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

20 Mar 2013

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...

High Court

High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

1 Apr 2015

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

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