Search Results for "BIFR jurisdiction"

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Search Results for "BIFR jurisdiction"

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Supreme Court

Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

29 Apr 2024

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...

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 Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.

1 Jul 2016

The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...

High Court

Bombay High Court Dismisses Contempt Petition for Alleged Willful Breach of Consent Order in Arbitration Matter. Consent terms recorded in arbitration petition do not constitute a decree, and contempt proceedings are not maintainable for breach of a consent order unless there is willful disobedience of a specific direction.

29 Jun 2016

The petitioner, Ashapura Minechem Ltd., filed a contempt petition under the Contempt of Courts Act, 1971, alleging that the respondents, Armada (Singa...

High Court

Bombay High Court Allows Summary Judgment in Favor of Asset Managers in Commercial Paper Recovery Suit Despite Pending SICA Appeal. The court held that Section 22 of SICA does not bar recovery suits where BIFR has declined registration, and the defendant failed to raise any triable issue.

5 Feb 2016

The plaintiffs, Pramerica Asset Managers Pvt. Ltd. and others, filed two summary suits against Deccan Chronicle Holdings Ltd. for recovery of Rs. 25 c...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

5 Sep 2014

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

29 Jul 2011

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

High Court

High Court Dismisses Writ Petition Challenging Rejection of Interim Relief in BIFR Proceedings — Sale Under Securitisation Act Completed, No Jurisdiction Remains with BIFR. The court held that once action under Section 13(4) of the Securitisation Act is taken to its logical end, BIFR loses jurisdiction, and interim relief cannot be granted to disturb a concluded sale.

19 May 2010

The petitioner, Nouveaw Exports Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 13th...

High Court

Bombay High Court Allows Withdrawal of Winding-Up Petitions by Creditor in Company Law Dispute — Official Liquidator's Report Not a Bar. Court held that a creditor can withdraw a winding-up petition before advertisement under Section 466 of Companies Act, 1956, even after the Official Liquidator's report, as the petition remains a private dispute until advertisement.

30 Nov -0001

The judgment concerns two company applications (CA 80/2012 and CA 81/2012) filed by Pavlova Estates Private Limited (the applicant) seeking withdrawal...

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