Search Results for "BIFR restraint"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "BIFR restraint"

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Supreme Court

Supreme Court Hears Civil Appeal on the Scope of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 Overriding the Transfer of Property Act, 1882 in a Pre-Existing Asset Sale Agreement. The AAIFR Ruled That Section 22A Does Not Apply to Pre-Existing Agreements, and the Supreme Court Was to Determine the Correctness.

1 Aug 2026

The Supreme Court heard a civil appeal arising from orders passed by the Appellate Authority for Industrial and Financial Reconstruction (AAIFR) conce...

High Court

Bombay High Court Quashes Process in NI Act Complaint Due to Bar Under SICA Section 22A. Proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot continue against a sick company without BIFR consent.

9 Jul 2019

The petitioners, a company and its directors, challenged the order dated 20.04.2018 passed by the 25th Joint Civil Judge (Junior Division) and Judicia...

High Court

High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

5 May 2017

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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 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 Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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

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...

Supreme Court

Supreme Court heard cross-appeals from NCLAT order partly reversing NCLT’s finding on trademark ownership during CIRP; cross-appeal challenged NCLT’s jurisdiction to determine title under Section 60(5) IBC.

1 Jan 1970

The dispute originated in the corporate insolvency resolution process of Fort Gloster Industries Limited (corporate debtor), which was admitted into C...

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