Search Results for "outstanding payments"

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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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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

Bombay High Court Rejects Preliminary Objection to Maintainability of Winding Up Petition, Holding Statutory Notice Issued Before Assignment Valid Under Section 434 of Companies Act, 1956. Unliquidated Damages Claim Cannot Defeat Admitted Debt; Petition Maintainable Even If Notice Given by Original Creditor Before Assignment of Debt to Petitioner.

24 Feb 2005

The case arose from a company petition filed under Sections 433 and 434 of the Companies Act, 1956 by Clicquot Asia Limited, a foreign manufacturer of...

High Court

Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

9 Jun 2022

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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...

High Court

High Court of Karnataka Allows Winding Up Petition Against Airline Company for Inability to Pay Debts Under Companies Act, 1956. The court held that the company was commercially insolvent and unable to pay its debts, and appointed the Official Liquidator to take charge of its assets.

18 Nov 2016

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a company petition under Sections 433(e) and (f) r...

High Court

Bombay High Court Adjudicates Commercial Arbitration Petition Challenging Majority Arbitral Award in Construction Contract Dispute. The Award Dated 1 February 2020 Was Under Challenge with Allegations of Contractual Breach, Delay, Termination, and Settlement Deed Issues.

14 Jul 2025

By this Commercial Arbitration Petition, the petitioner sought quashing and setting aside of the Award dated 1 February 2020 passed by the Majority Ar...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

26 Jul 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

High Court

Bombay High Court Allows Winding Up Petition Against Company for Default on Convertible Bonds — Administrator Appointed to Protect Creditor Interests. The court upheld the admission of the winding up petition and appointment of an administrator based on the company's failure to repay convertible bonds under trust deeds.

2 Sep 2013

The appeals arose from an order of the Learned Single Judge on a Company Petition for winding up. By the impugned order, the Learned Single Judge admi...

Tribunals

NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case — Pre-Existing Dispute Regarding Quality of Services Bars CIRP Initiation. The dispute regarding quality of transportation services raised by the Corporate Debtor prior to the demand notice constitutes a pre-existing dispute under Section 9 of the Insolvency and Bankruptcy Code, 2016, and the Adjudicating Authority correctly dismissed the application.

4 Sep 2024

The appeal was filed by Union Roadways Limited (Operational Creditor) against Ice Steel 1 Private Limited (Corporate Debtor) under Section 61 of the I...

High Court

High Court of Judicature at Bombay Disposes Appeal Against Single Judge’s Order in Arbitration Petition Arising from Share Purchase and Development Agreements. The dispute concerned termination of agreements, escrow arrangements, and obligations for transfer of shares and development rights in Regency Hotels Private Limited.

22 Sep 2017

The appeal arises from a judgment and order of a learned Single Judge dated 24 April 2015 passed in Arbitration Petition No.846 of 2014. The dispute i...

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