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 Quashes Insolvency Petition Under IBC Due to Absence of Operational Debt. Claim for Payment Made Under Subcontracting Arrangement Does Not Constitute Operational Debt Under Section 5(21) of Insolvency and Bankruptcy Code, 2016, as It Was Not for Goods or Services Provided by Corporate Debtor to Creditor.

10 Aug 2021

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, concerning a sugar project in Sudan financed through a Line of Credit ...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

High Court

Bombay High Court Dismisses Application for Raising Attachment in Execution Proceedings — Transfer of Property Without Consideration Held to Be a Gift Void Against Creditors. The court refused to raise attachment on a flat where the judgment debtor had transferred her co-ownership interest without consideration, as it was a fraudulent transfer under Section 53 of the Transfer of Property Act, 1882.

21 Sep 2005

The case involves a Chamber Summons taken out by Indu Jagdish Parekh (applicant) in Execution Application No.453 of 2003 arising from Suit No.1341 of ...

Tribunals

NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Directors in Insolvency Case on Maintainability and Limitation Grounds. Application under Section 7 of Insolvency and Bankruptcy Code, 2016 Filed by Power of Attorney Holder is Maintainable and Not Barred by Limitation Due to Acknowledgments Extending Period Under Section 18 of Limitation Act, 1963.

30 Sep 2021

The dispute arose from an application filed by Union Bank of India (Financial Creditor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 ag...

Supreme Court

Supreme Court Allows Financial Creditor's Appeal for Transfer of Winding Up Proceedings to NCLT. The Court held that the proviso to Section 434(1)(c) of the Companies Act, 2013 permits any party to apply for transfer, and the High Court's rejection based on compliance with Rule 24 and existence of a winding up order was erroneous.

22 Sep 2020

The appeal arose from an order of the Company Court (High Court of Allahabad) refusing to transfer a winding up petition to the National Company Law T...

Tribunals

NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

30 Nov -0001

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Tribunals

NCLAT Dismisses Appeal Against Rejection of CIRP Petition Due to Settlement Agreement - Mediated Settlement Bars Insolvency Proceedings Under Section 61 of IBC, 2016

30 Nov -0001

The appeal was filed by Mr. Rakesh Kumar Jain, a financial creditor, under Section 61 of the Insolvency and Bankruptcy Code, 2016, against an order da...

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