Search Results for "moratorium under IBC"

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Supreme Court Upholds NCDRC Decision: Execution Cannot Proceed Against Directors/Promoters Not Party to Original Consumer Complaint Decree

The Supreme Court upheld the NCDRC's dismissal of execution applications against directors/promoters of ACIPL, holding that execution must strictly co...

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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.

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...

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Bombay High Court Dismisses Writ Petitions Challenging MSME Facilitation Council Reference and Award — Held That Section 18 of MSMED Act, 2006 Does Not Require Prior Agreement for Reference and That Limitation Under Section 34 of Arbitration Act Applies to Setting Aside of Award.

The judgment involves three writ petitions filed by Morarjee Textiles Ltd., its Head of Finance, and its Executive Director and Chairperson, challengi...