Search Results for "Debt Recovery Appellate Tribunal"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "Debt Recovery Appellate Tribunal"

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High Court

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.

17 Feb 2026

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....

Tribunals

NCLAT Dismisses Appeal Against CIRP Admission Due to 45-Day Delay Without Sufficient Cause Under Section 61(2) of IBC. The appeal against admission of corporate debtor into CIRP was dismissed as time-barred, with the court holding that the delay of 45 days beyond the statutory period was not satisfactorily explained.

18 Dec 2024

The judgment pertains to two connected company appeals filed by Kalyan Muppaneni, the suspended director and founder shareholder of M/s. Pi Data Cente...

Tribunals

National Company Law Appellate Tribunal Allows Appeal by Suspended Director in Insolvency Case — Section 9 Application Admitted Without Proper Notice Under Section 8 of IBC. The Adjudicating Authority Failed to Consider That the Operational Creditor Had Not Provided Correct Address for Service of Demand Notice, Rendering the Admission Order Unsustainable.

19 Jan 2024

The appeal was filed by Sashi Kanta Jha, a suspended director of the corporate debtor, M/s Juggilal Kamlapat Jute Mills Company Limited (now Geo Jute ...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

High Court

Bombay High Court Allows Amendment in Debt Recovery Case: HDFC Bank Ltd. v. Ashapura Minechem Ltd. — Amendment Relates to Same Cause of Action, Not New Cause. The Court held that the proposed amendment to include additional amounts due under the same derivative transactions did not introduce a new cause of action and was necessary for determination of the real controversy.

18 Jan 2017

The petitioner, HDFC Bank Ltd., filed an original application No. 29 of 2011 before the Debt Recovery Tribunal, Mumbai, under Section 19 of the Recove...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Guarantor's Challenge to Assignment of Debt and Validity of Notice Rejected. Assignment of debt by Bank of Baroda to securitisation company held valid under Section 5 of SARFAESI Act, and possession notice served by registered post complied with Rule 8(1) of Security Interest (Enforcement) Rules, 2002.

16 Aug 2012

The petitioner, Tushar P. Shah, a director and guarantor of respondent no. 2 (M/s. Air Coils Manufacturing Co. Pvt. Ltd.), filed a writ petition chall...

High Court

Bombay High Court Dismisses Revenue's Appeal in International Taxation Case on Accrual of Interest and Tax Treaty Interpretation. Interest on Government Securities Held by Cyprus-Based Bank Does Not Accrue on Last Day of Financial Year When Not Due; Sale of Securities Constitutes Business Profits Under Article 14 of India-Cyprus DTAA.

9 Jul 2012

The case involves an appeal by the Director of Income Tax (International Taxation) against an order of the Income Tax Appellate Tribunal (ITAT) which ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

20 Sep 2011

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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