Search Results for "Bombay Money Lenders Act"

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Search Results for "Bombay Money Lenders Act"

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High Court

Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

6 Jul 2015

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

5 May 2017

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

High Court

Bombay High Court Allows Writ Petitions Challenging Co-operative Bank's Recovery Proceedings Against Guarantors Without First Proceeding Against Principal Debtor. Held That Under Section 101 of Maharashtra Co-operative Societies Act, 1960, Bank Must Exhaust Remedies Against Principal Borrower Before Proceeding Against Guarantors.

13 Jun 2018

The judgment concerns two writ petitions filed against recovery proceedings initiated by The National Co-operative Bank Ltd. against guarantors of a l...

High Court

Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

23 Dec 2016

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

High Court

Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

30 Nov -0001

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...

High Court

Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

11 Dec 2019

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

High Court

Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Loan Recovery — Bombay Money Lenders Act Defence Rejected as Suit Based on Negotiable Instruments. The court held that the suit based on cheques and bills of exchange is not barred under the Bombay Money Lenders Act, 1946, and the appellant must deposit the principal amount of Rs.67 crores as a condition for leave to defend.

20 Nov 2014

The appeal arises from an order of the learned Single Judge granting the appellant (original defendant) leave to defend the summary suit conditional u...

High Court

Bombay High Court Dismisses Petitions Challenging Money Lending Licence Cancellation — Petitioners Failed to Show Sufficient Cause for Non-Prosecution of Appeals. The court held that while appellate authorities should decide appeals on merits, the petitioners' failure to explain their absence justified dismissal of writ petitions.

13 Mar 2015

The petitioners, Rameshchandra Ramchandra Golecha and Vikramchandra Ramchandra Golecha, were holders of money lending licences issued under the Mahara...

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