Search Results for "Hypothecation Agreement"

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Search Results for "Hypothecation Agreement"

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High Court

High Court of Karnataka Dismisses Appeal by Hospital and Proprietor Against ARCIL in SARFAESI Act Matter — Upholds Single Judge's Order Dismissing Writ Petitions as Not Maintainable. The Court held that the remedy under Section 17 of the SARFAESI Act is an efficacious alternative remedy and the writ petition was not maintainable.

18 Dec 2025

The appellants, M/S Sridevi Hospital and its proprietor Dr. K. Senthilnathan, filed a writ appeal against a common order dated 20.12.2024 passed by a ...

High Court

Bombay High Court Dismisses Recall and Review Applications in Bank Loan Assignment Case — Consent Order Recorded on Minutes of Order Cannot Be Unilaterally Recalled. Assignment of Debt and Security by Co-operative Bank to Third Party Under OTS Upheld Despite Subsequent Objections by Liquidator and Suspended Director.

11 Mar 2025

The judgment concerns three applications seeking recall or review of an order dated 21 October 2022 passed by the Bombay High Court in Writ Petition N...

Tribunals

NCLAT Dismisses Appeal of BEST Undertaking Against Liquidator's Rejection of Interest Claim and Secured Creditor Status in Liquidation of Spark Green Energy. Interest-Free Deposit Does Not Attract Interest, and Unregistered Charge Does Not Confer Secured Status Under IBC.

1 Jan 2025

The appeal was filed by Brihanmumbai Electricity Supply and Transport Undertaking (BEST) against an order of the Adjudicating Authority (NCLT Mumbai B...

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 Appeal in Motor Accident Claim Case — Insurance Company Held Liable Despite Bus Being Under Corporation's Control. The Court distinguished earlier precedent and held that under the Motor Vehicles Act, 1988, the insurance company is liable to pay compensation even when the vehicle is under the control of a state transport corporation.

1 Jan 2020

The appeal arose from a motor accident claim where a 45-year-old cyclist was killed after being hit by a bus on 16.08.2001. The bus was owned by a pri...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

Supreme Court

Supreme Court Dismisses Chit Fund Foreman's Appeal for Recovery of Future Installments. Holds that chit subscriber's liability for future installments is a contractual obligation, not a debt in praesenti, under Chit Funds Act, 1982.

6 Nov 2019

The present appeal arose from a chit fund conducted by M/s Oriental Kuries Ltd. (appellant) from 1978 to 1990. The respondents were subscribers who de...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank AG Against Pearl Engineering Polymers Limited Due to Bona Fide Dispute Over Debt. The court held that a winding-up petition under Sections 433(e) and 434 of the Companies Act, 1956, cannot be maintained when the debt is genuinely disputed, as the summary jurisdiction is not meant for adjudicating complex factual disputes.

19 Nov 2012

The petitioner, Deutsche Bank AG, a foreign bank constituted under German law and authorized to carry on banking business in India, filed a winding-up...

High Court

Bombay High Court Dismisses Builders' Challenge to Circulars Restricting Composition Scheme for Works Contracts Under MVAT Act. Circulars Clarifying That Benefit of Composition Scheme Under Section 42(3A) of MVAT Act, 2002 Applies Only to Agreements Registered on or After 1 April 2010 Are Valid and Within Commissioner's Power.

30 Oct 2012

The judgment concerns two writ petitions filed under Article 226 of the Constitution by the Builders Association of India and the Maharashtra Chamber ...

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