Search Results for "Guarantors"

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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 Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "Guarantors"

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Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

12 Feb 2024

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

Supreme Court

Supreme Court Allows State Appeals in Property Mutation and Sales Tax Recovery Case — High Court's Direction to Delete Adverse Entries and Mutate Property Set Aside. The Court held that the High Court exceeded its writ jurisdiction by directing mutation without considering the State's statutory charge under the Himachal Pradesh Value Added Tax Act, 2005.

28 Apr 2023

The Supreme Court heard two sets of civil appeals filed by the State of Himachal Pradesh and its officers against a judgment of the Himachal Pradesh H...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

High Court

Bombay High Court Allows MSRTC Petition in Guarantor Recovery Dispute — Industrial Court Order Set Aside for Lack of Employer-Employee Relationship. Co-guarantor cannot claim protection under MRTU & PULP Act against employer of principal debtor as recovery action is not an unfair labour practice.

13 Jan 2020

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and order dated 05.10.2016 of the Industrial Court, Nagp...

Supreme Court

Supreme Court Allows Appeals Against High Court Interim Stay in IBC Matter — Questions of Maintainability of Writ Petition and NCLT's Power to Inquire into Fraud Examined. The court held that the High Court should not have entertained a writ petition against an NCLT order when a statutory appeal to NCLAT was available, and that NCLT can inquire into fraud under Section 60(5)(c) of IBC, 2016.

3 Dec 2019

The Supreme Court heard three appeals arising from an interim order of the Karnataka High Court staying the operation of a direction by the National C...

High Court

Bombay High Court Quashes Revenue Minister's Order in Cooperative Bank Loan Guarantee Dispute — Delay in Filing Revision Not Considered. The Minister of State for Revenue allowed a revision application under Section 258 of the Maharashtra Land Revenue Code after a delay of about five years without considering the delay or any application for condonation, which was held unsustainable.

18 Jun 2010

The petitioner, Janata Commercial Cooperative Bank Ltd., had granted a loan of Rs. 5 lakh to M/s Satyanarayan Mohanlal on 30/5/1999 at 18% interest pe...

High Court

Bombay High Court Allows Decree on Admission in Suit for Enforcement of Foreign Judgment — HSBC Bank U.S.A. v. Silverline Technologies Ltd. & Anr. The court held that the defendants' admissions in a settlement agreement and the conclusiveness of the foreign judgment under Section 13 of the Code of Civil Procedure, 1908 entitled the plaintiff to a decree on admission under Order XII Rule 6 CPC.

2 Feb 2006

The plaintiff, HSBC Bank U.S.A., filed a suit for recovery of US$ 17,919,603.68 based on a foreign judgment and decree dated 18.9.2002 passed by the U...

High Court

Bombay High Court Dismisses Petition Under Section 31(1)(aa) of SFC Act for Non-Compliance with Pre-Deposit Condition. Court holds that failure to deposit 25% of the amount due under Section 31(7) of the State Financial Corporations Act, 1951 renders the petition not maintainable.

8 Jun 2005

The petitioner, M/s. SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1...

Tribunals

NCLAT Upholds Admission of CIRP Against Corporate Debtor Under Section 7 of IBC, 2016 — Asset Reconstruction Company Held to be Financial Creditor and Application Not Barred by Limitation.

30 Nov -0001

The appeal was filed by the suspended director of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against the order of the Nat...

Tribunals

NCLAT Dismisses Appeals Against Admission of Personal Insolvency Application Under Section 95(1) IBC — Guarantors' Challenge Fails Due to Debt Acknowledgment and Lack of Objection Before NCLT. The Tribunal held that the appeals were not maintainable as the appellants had acknowledged the debt and failed to raise any dispute before the Adjudicating Authority, and no infirmity was found in the impugned order.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT), Chennai Bench, delivered a common judgment in two connected appeals filed by Mr. Rajesh Bhatia an...

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