Search Results for "insolvency moratorium"

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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...
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Search Results for "insolvency moratorium"

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Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

High Court

Bombay High Court Allows Writ Petition Quashing MPID Act Attachment Against Corporate Debtor's Property. Section 32A IBC Overrides MPID Act as Property Acquired Prior to Offence and Corporate Debtor Not Accused.

8 Jun 2026

The petitioner, Dwarka Iron Industries Pvt. Ltd., as the Successful Resolution Applicant of the corporate debtor M/s. Abhirama Steels Limited, filed a...

High Court

Bombay High Court Directs Conditionally Leaves to Defend for Guarantors in Summary Suit, Rejecting DRT Jurisdiction and IBC Moratorium Claims. A Non-Banking Financial Institution's Summary Suit Against Guarantors is Maintainable Under Order XXXVII CPC, and Section 14 IBC Moratorium Does Not Bar Proceedings Against Guarantors.

28 Nov 2017

The plaintiff, a non-banking financial institution, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against two guarantor...

Tribunals

NCLAT Allows Personal Guarantor's Appeal in Insolvency Case — Remands for Fresh Consideration of Section 94 Application. The Tribunal held that the Adjudicating Authority erred in dismissing the CP without considering the merits of the application under Section 94 of the Insolvency and Bankruptcy Code, 2016.

1 Jan 2025

The present appeal was filed by Syed Sirajis Salikin Khadri, the personal guarantor of Infra Dredge Services Private Limited, against an order dated 0...

Tribunals

NCLAT Chennai Dismisses Appeal by Former Directors Against Order to Cooperate with IRP and Hand Over Possession in CIRP under Section 10 IBC. Directors of Corporate Debtor are obligated to cooperate with IRP and hand over custody of premises and assets during CIRP.

30 Nov -0001

The present appeal was filed by Mr. M. Bhaskaran and Mr. M. Radhakrishnan, who were the opposite parties in IA(IBC)/913(CHE)/2025 before the National ...

Supreme Court

Supreme Court Dismisses Appeal as Infructuous in Summary Suit Recovery Case — Suit Decree Rendered Interim Order Challenge Moot. The appeal against an interim order under Order XXXVII CPC became infructuous as the suit was decreed during the appeal, and no challenge to the decree was brought to the Court's notice.

14 Jun 2024

The appeal arose from an order of the High Court of Karnataka in a writ petition concerning a summary suit under Order XXXVII CPC. The respondents/pla...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Appellate Tribunal's Failure to Consider Evidence on Limitation. Matter Remanded to NCLAT for Fresh Consideration of Acknowledgment Under Section 18 of Limitation Act, 1963 in Context of Section 9 Insolvency and Bankruptcy Code, 2016 Application.

29 Mar 2022

The dispute arose from an operational creditor's application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against a corporate debtor fo...

Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

Supreme Court

Supreme Court Dismisses Appeals Against NCLAT Order Excluding Period for CIRP in Jaypee Infratech Insolvency Case — Home Buyers' Interest Paramount. The court upheld exclusion of 90 days from the 270-day CIRP period due to extraordinary circumstances regarding voting share of allottees under Section 12 of the Insolvency and Bankruptcy Code, 2016.

6 Aug 2019

The Supreme Court dismissed appeals against the NCLAT order dated 30th July 2019, which had excluded 90 days from the 270-day Corporate Insolvency Res...

High Court

Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

1 Mar 2024

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

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