Search Results for "Moratorium"

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Supreme Court Quashes FIR in Fraud Case Due to Non-Exhaustion of Alternative Remedies. High Court's Direction to Register FIR Without Prior Recourse to Statutory Remedies Held Illegal Under Article 226 of the Constitution of India.

The Supreme Court considered appeals against an interim order of the Bombay High Court directing police to record the statement of the Director of the...

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Supreme Court Allows Insolvency Proceedings Under IBC Over Defunct Scheme of Arrangement -- IBC Prevails Over Companies Act in Recovery of Defaulted Loans

The Supreme Court allowed an appeal against the Company Law Appellate Tribunal's order that kept in abeyance an application under Section 7 of the Ins...

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National Consumer Disputes Redressal Commission Allows Execution Appeals Against Builder for Non-Compliance of Consent Order. Builder Failed to Deliver Possession and Pay Compensation as Per Settlement, Leading to Remand for Fresh Consideration.

The present appeals arise out of two execution applications filed by the complainants, Shivani Aggarwal and Sunita Jain, against the builder, Pranav A...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period.

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax D...

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Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

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Bombay High Court Dismisses Petitions Challenging RBI Moratorium on Urban Co-operative Bank. RBI Directions Under Section 35A of Banking Regulation Act, 1949 Are Binding and Not Subject to Challenge Under Maharashtra Co-operative Societies Act, 1960.

The case involves three writ petitions filed in the Bombay High Court, Aurangabad Bench, challenging the directions issued by the Reserve Bank of Indi...