Search Results for "creditor companies"

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Search Results for "creditor companies"

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Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal to Continue Winding Up Petition in High Court Amidst Insolvency Proceedings Under IBC. Held that winding up petitions under Section 433(e) of Companies Act, 1956 where notice has been served under Rule 26 of Companies (Court) Rules, 1959 are not automatically transferred to NCLT and may continue in High Court, but such continuation does not bar initiation or continuation of independent insolvency proceedings under IBC by other creditors.

22 Jan 2019

The appeal arose from an operational creditor's challenge to the continuation of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016...

High Court

High Court of Karnataka Dismisses Shareholder's Application for Official Liquidator Supervision of SARFAESI Sale — Secured Creditor's Right to Sell Under SARFAESI Act Prevails Over Company Court's Supervisory Jurisdiction. The court held that a promoter-shareholder of a company in liquidation cannot seek supervision of the sale of secured assets by a secured creditor under the SARFAESI Act, 2002, as the secured creditor has an independent right to sell without interference from the Company Court.

11 Nov 2016

The applicant, Rashmi Thakeria, a promoter-shareholder of Natural Textiles Private Limited (in liquidation), filed C.A.No.969/2015 seeking a direction...

High Court

Bombay High Court Dismisses Employees' Union's Claim for Priority Over Secured Creditor in Non-Functional Company. The court held that under the SARFAESI Act, the secured creditor's rights prevail over employees' dues when the company is not wound up, but directed sympathetic consideration of employees' claims.

30 Aug 2022

The writ petition was filed by Khandelwal Tube Mill Kamgar Sangh, a registered trade union representing employees of Khandelwal Tube Mill (the Company...

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...

High Court

Bombay High Court Dismisses Debtors' Motion to Set Aside Insolvency Notice in Consent Decree Dispute. Failure to Pay Agreed Amount by Stipulated Date Renders Debtors Liable for Full Decretal Amount Under Presidency Towns Insolvency Act, 1909.

13 Aug 2010

The petitioning creditor, Videocon Industries Ltd., filed Suit No. 1891 of 2000 against M/s Akar Laminators and the two judgment debtors, V.T. Seth & ...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

17 Jan 2017

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

Tribunals

NCLAT Dismisses Appeal Against CIRP Initiation by Assignee of Debt — Assignment Deed Valid Without Prior Notice to Corporate Debtor Under Section 5(7) of IBC, 2016. The NCLAT held that an assignee of a debt is a financial creditor under Section 5(7) of IBC, 2016, and notice of assignment to the corporate debtor is not required for maintainability of a Section 7 application.

1 Jan 2023

The case involves an appeal by Rajesh Ravji Patel, suspended director of Vilsons Roofing Product Pvt. Ltd. (Corporate Debtor), against an order of the...

High Court

Bombay High Court Dismisses Winding-Up Petition Against Yahoo India Pvt. Ltd. for Lack of Creditor-Debtor Relationship. Petition under Sections 433 and 434 of the Companies Act, 1956 fails as disputed debt arises from tripartite arrangement without privity between petitioner and respondent.

23 Jan 2014

The petitioner, Inflow Technologies Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956 against Yahoo India P...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

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