Search Results for "Liquidation"

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Search Results for "Liquidation"

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High Court

Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

29 Sep 2005

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

High Court

Bombay High Court Allows Petitioner's Challenge to Collector's Order Setting Aside Auction Sale in Revenue Recovery Matter — Auction Purchaser's Bid Confirmed Despite Cooperative Society's Liquidation. The court held that the Collector exceeded his revisional jurisdiction under the Maharashtra Land Revenue Code, 1966, by setting aside a confirmed auction sale on grounds of inadequacy of consideration and alleged violation of the Maharashtra Cooperative Societies Act, 1960.

8 Sep 2006

The petitioner, Jayant s/o Vasantrao Dhole, challenged the orders of the Collector, Amravati, dated 1.6.1992, setting aside an auction sale conducted ...

High Court

Bombay High Court Allows ONGC to Complete Contract Work of Wound-Up Company to Protect Bank Guarantees and Public Interest. The court held that the Official Liquidator can permit completion of a contract awarded to a company in liquidation where substantial work is done, to protect public interest and avoid loss to guarantor banks.

6 Dec 2018

The case involves an appeal by Oil and Natural Gas Corporation (ONGC) against an order of the Company Judge in the winding up proceedings of GOL Offsh...

Supreme Court

Supreme Court Allows Official Liquidators' Appeal in Company Winding-Up Rent Claim Dispute. Landlord's Claim for Rent Priority Denied as Proviso to Rule 97 of Company Rules Does Not Grant Precedence Over Other Creditors.

10 Nov 1959

The dispute arose out of the winding up of U. P. Union Bank Ltd. The bank was a tenant in a building owned by the respondent landlord. After the windi...

High Court

Bombay High Court Allows State of Kerala's Claim for Sales Tax Arrears in Liquidation, Holding Section 26B of Kerala General Sales Tax Act Overrides Companies Act Priority. The court directed the Official Liquidator to release Rs.68,55,885/- to the State, recognizing the first charge created by Section 26B over the claims of secured creditors and workmen.

11 Aug 2010

The State of Kerala filed an application before the Bombay High Court seeking an order directing the Official Liquidator of Poysha Industrial Company ...

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 ...

High Court

Bombay High Court Allows Plaintiff's Inspection of Court Records Against Company in Liquidation. Official Liquidator Directed to Provide Access to Suit Papers for Recovery of Salary and Benefits Under Order XI Rule 14 CPC and Section 434 Companies Act, 1956.

7 Jun 2005

The plaintiff, Omprakash Madanlal Pandya, filed a suit (Suit No.1738 of 1979) against Shree Vallabh Glass Works Ltd. and others for recovery of Rs.1,5...

Supreme Court

Supreme Court Allows Appeals Against NCLAT Remand in IBC Resolution Plan Dispute — Commercial Wisdom of Committee of Creditors Non-Justiciable. The court restored NCLT's approval of resolution plan under Section 31 of IBC, holding that viability and feasibility are business decisions not subject to judicial review.

4 Sep 2020

The case involves appeals by the financial creditor, Karad Urban Cooperative Bank Ltd., and the Resolution Professional against an order of the Nation...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

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