Search Results for "petitioning creditor"

Trending :

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "petitioning creditor"

77 result(s) found

Home Search Results

Scroll Down To Discover

Found 77 result(s)

High Court

Bombay High Court Considers Whether Official Assignee Can Adjudicate Claims Without a Pre-existing Decree Under Presidency-Towns Insolvency Act, 1909. Legal Question Framed for Determination Concerning the Scope of the Official Assignee's Adjudicatory Powers Under Sections 6, 46, and 48 of the Presidency-Towns Insolvency Act, 1909.

2 Jul 2026

The matter arose out of two insolvency petitions where a creditor lodged a claim with the official assignee. The official assignee took the position t...

High Court

High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

5 Dec 2023

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

High Court

High Court of Bombay Upholds Recall of Annulment Order in Insolvency Case Due to Concealment of Creditor. Appellant Insolvent Failed to Disclose Kotak Mahindra Bank as Creditor with DRT Recovery Certificate, Leading to Recall of Annulment Under Section 22(1) of Presidency Towns Insolvency Act, 1909.

31 Mar 2021

The case involves an appeal filed by Akshay D. Thakkar (the Appellant/Insolvent) against an order dated 18th September, 2018 passed by a learned Singl...

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 Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

17 Jan 2017

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

High Court

Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

17 Jan 2017

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

High Court

Bombay High Court Allows Discharge of Senior Citizen Insolvents Under Section 38 of Presidency-Towns Insolvency Act — Assets Fully Administered and No Objection from Creditor. Insolvents Granted Discharge After 9 Years of Undischarged Insolvency, Relieved of Stigma and Disabilities.

23 Feb 2016

The judgment concerns a discharge application filed by two insolvents, Lav Chadha and Naresh Chadha, who are senior citizens aged 65 and 61 respective...

High Court

Bombay High Court Dismisses Insolvency Petition Against Debtor Due to Non-Compliance with Section 9(3)(c) of Presidency Towns Insolvency Act, 1909 — Petitioning Creditor Failed to Prove Debtor's Act of Insolvency Within Three Months of Petition.

3 Sep 2010

The case concerns an insolvency petition filed by Kaushik Shah Shares & Securities Private Limited (substituted petitioning creditor) seeking to adjud...

High Court

Bombay High Court Allows Substituted Petitioning Creditor in Insolvency Proceedings Based on Original Act of Insolvency. Hire Purchase Claim Held Valid as Debt Under Presidency Towns Insolvency Act, 1909 Despite Lack of Decree.

17 Oct 2006

The Insolvency Petition was originally filed by Mandvi Cooperative Bank Ltd. based on an award of the Cooperative Court dated 7th August 2000. An Inso...

1 2 3

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)