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Search Results for "winding-up petition"

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Supreme Court

Supreme Court Allows Financial Creditor's Appeal for Transfer of Winding Up Proceedings to NCLT. The Court held that the proviso to Section 434(1)(c) of the Companies Act, 2013 permits any party to apply for transfer, and the High Court's rejection based on compliance with Rule 24 and existence of a winding up order was erroneous.

22 Sep 2020

The appeal arose from an order of the Company Court (High Court of Allahabad) refusing to transfer a winding up petition to the National Company Law T...

High Court

Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

2 Nov 2018

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

High Court

Bombay High Court Allows Appeal Against Recall of Winding-Up Order in Company Law Dispute. Ex-Director Lacked Locus Standi and Application Was Barred by Delay and Laches Under Companies Act, 1956.

13 Nov 2017

The appeal arose from an order dated 22/02/2017 passed by a learned Single Judge of the Bombay High Court, which allowed Company Application No.448 of...

High Court

Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation.

1 Aug 2014

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was or...

High Court

Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

19 Jul 2014

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

High Court

Bombay High Court Dismisses Writ Petition Challenging Temporary Injunction in Property Dispute — Sale During Pendency of Suit Held Subject to Lis Pendens. The Court upheld the concurrent findings of the trial and appellate courts that the purchasers failed to establish a prima facie case for injunction as the sale was hit by lis pendens under Section 52 of the Transfer of Property Act, 1882.

28 Nov 2013

The petitioners, Manoj Ratilalbhai Chouhan and his wife Rajashri, filed a suit for declaration of ownership and permanent injunction in respect of Sho...

High Court

Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

30 Jul 2013

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

High Court

Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

30 Nov 2012

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank AG Against Pearl Engineering Polymers Limited Due to Bona Fide Dispute Over Debt. The court held that a winding-up petition under Sections 433(e) and 434 of the Companies Act, 1956, cannot be maintained when the debt is genuinely disputed, as the summary jurisdiction is not meant for adjudicating complex factual disputes.

19 Nov 2012

The petitioner, Deutsche Bank AG, a foreign bank constituted under German law and authorized to carry on banking business in India, filed a winding-up...

High Court

Bombay High Court Recalls Winding Up Order and Dismisses Company Petition Under Section 466 of Companies Act, 1956 — Revival of Company Permitted on Payment of All Creditors. Shareholder's Application Allowed as Company Was Profitable and Debt Was Disputed; Principal Debt Already Paid to Legal Heir of Creditor.

8 Oct 2012

The Bombay High Court dealt with an application under Section 466 of the Companies Act, 1956, filed by S. K. Sarpotdar, a shareholder and contributory...

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