IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1 ST DAY OF MARCH 2014 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY

Size: px
Start display at page:

Download "IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1 ST DAY OF MARCH 2014 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY"

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1 ST DAY OF MARCH 2014 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY BETWEEN: COMPANY PETITION No.190 OF 2010 Nuziveedu Seeds Private Limited, Now known as NSL Renewable Power Private Limited, having its corporate Office at NSL Icon, No /2/A, Plot No.1 to 4, 4 th Floor, Opposite ICICI Bank, Road No.12, Banjara Hills, Hyderabad , Represented by its DGM (Technical and Legal) Mr. Sartaj Mohammed Khan. (By Shri. Aditya Sondhi, Advocate) AND: Metahelix Life Sciences Private Limited, Having its registered office at Plot No.3, KIADB, 4 th Phase Bommasandra, Bangalore , Represented by its Director, PETITIONER

2 2 Dr. Gautham Nadig. RESPONDENT (By Shri. Dhyan Chinnappa, Advocate for M/s. Crest Law Partners, Advocates) ***** This Company Petition filed under Section 433(e) and (f) read with Section 434 of the Companies Act, 1956, praying to wind up the respondent - Methahelix Life Sciences Private Limited, having its registered office at Plot No.3,KIADB, 4 th Phase, Bommasandra, Bangalore and grant such other and further reliefs as are just and etc; This Company Petition having been heard and reserved on and coming on for Pronouncement of Orders this day, the Court delivered the following:- O R D E R The petitioner, a company incorporated under the Companies Act 1956 (Hereinafter referred to as the Act, for brevity), has its registered office at Hyderabad. It is said that it was earlier known as M/s Nuziveedu Seeds Limited and thereafter as M/s Nuziveedu Seeds Private Limited and had further changed its name as M/s NSL Renewable Power Private Limited.

3 3 The respondent is a company incorporated under the Act, having its registered office at Bangalore. 2. It is stated that the petitioner and the respondent had entered into a contract dated , whereby the respondent was to develop certain transgenic cotton lines carrying the genes indicated therein called Suraksha. A dispute having arisen in the performance of the contract, the same was referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (Hereinafter referred to as the AC Act, for brevity), before a sole arbitrator. There was an Award, dated , upholding the petitioner s counter-claim in part, directing the respondent to pay to the petitioner a sum of Rs.15 lakh with interest at 12% from the date of the Award. The petitioner being aggrieved by the denial of its entire claim, has to that extent, challenged the Award in proceedings before the competent civil court and the matter is said to be pending. The petitioner has sought to execute the award against the respondent as it had failed to satisfy the Award. It is the

4 4 petitioner s case as the respondent is deliberately avoiding process in those proceedings and has failed to make payment it would indicate its insolvency. It is in that background a statutory notice had been issued under Section 434 of the Act. The respondent having failed to pay the petitioner, despite a lapse of over 21 days from the receipt of the statutory notice, notwithstanding a reply denying the petitioner s claim, the present petition is filed seeking an order, winding up the respondent, as it is deemed to be commercially insolvent, unable to meet its current demands. 3. The respondent has resisted the petition and it is contended that the petition is not maintainable as the amount claimed as due and payable under the Award is not an enforceable award. It is claimed that the same is under challenge in an Arbitration Suit. Hence, during the pendency of the same, it is contended, that the arbitral award is not capable of enforcement. That, until and unless the challenge to the award is disposed of, it would not partake the character of a decree. It is also pointed out

5 5 that the petitioner itself having challenged a portion of the award is hardly enabled to enforce the same. The respondent further contends that it has a substantial claim for Rs lakh against the petitioner, under the terms of the above said contract. It is also stated that as against a claim for over Rs.80 crore, the arbitrator had awarded Rs.15 lakh in favour of the petitioner. It is hence contended that unless the challenge to the award is disposed of, it cannot be said that there is any debt due to the petitioner by virtue of the award. Incidentally, during the pendency of the present petition, it is claimed that the business of M/s Nuziveedu Seeds Private Limited stood transferred in favour of M/s NSL Seeds Private Limited. And subsequently, the name of M/s NSL Seeds Private limited was changed and the company was renamed as M/s Nuziveedu Seeds Private limited. Hence, an application was filed to seek that the name of the petitioner shown as M/s NSL Renewable Power Private Limited be struck off.

6 6 The respondent has raised serious objection to the above circumstance. It is sought to be demonstrated that each incorporated company is assigned a unique corporate identity number (CIN), which is a permanent number and would not change even if the entity should change its name from time to time. It is therefore contended that there are two different companies namely, Nuziveedu Seeds Private Limited and the present petitioner, then known as NSL Renewable Energy Limited, as seen from their respective CIN identity, who had initiated proceedings before the civil court, in challenging the above referred award and the present petition before this court, respectively. It is hence urged that the change of name now sought would not alter the CIN and it is thus untenable for two different entities to prosecute the respondent as if they are one and the same entity. This would also render the notice issued under Section 434 of the Act, on behalf of one M/s Nuziveedu Seeds Limited, defective and fraudulent, as there was no such company in existence on the date of the notice.

7 7 4. The petitioner has in turn, filed a memo to produce a certificate of incorporation of the petitioner upon a change of name on conversion to a public limited company. The name now is said to be M/s Nuziveedu Seeds limited. 5. The question for determination at this stage, of admission of the petition to file, is whether the petition for winding-up could be admitted by the company court on the basis of an arbitration award which is under challenge in proceedings under Section 34 of the AC Act. It is contended that in order to constitute a debt within the meaning of Sections 433 and 434 of the Act, the same must be immediately payable by the company, in that, if the company should refuse payment on demand - the same should be capable of immediate enforcement. It is not disputed that the petitioner was held entitled to be paid a sum of Rs.15 lakh, by the respondent in terms of the award. The petitioner, who had laid a counter claim for a much larger sum, has itself questioned the award in so far as the denial of the larger sum claimed - in pending proceedings. The respondent has

8 8 also challenged the award in so far as the denial of its claim against the petitioner. Section 36 of the AC Act lays down as follows:- 36. Enforcement where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court. It is thus evident that the award is not capable of enforcement till the pending proceedings questioning the award are disposed of. This is indeed the defence sought to be pleaded by the respondent namely, as long as the application under Section 34 is alive and not refused, there is no debt that is immediately due to the petitioner. The question that would then arise is whether the application for winding up, on the basis of the award passed in the arbitration proceedings between the parties, would amount to an enforcement of the award.

9 9 It is to be kept in view that the prayer in the winding up petition is that the company be wound up. There is no prayer for payment of money which may be due to the petitioner. Even though in a creditor s petition the company is directed to be wound up, yet such a creditor has still to prove his claim before the Official Liquidator and can possibly expect to obtain payment of his dues on a pro-rata basis to the extent the funds would permit. Such a creditor, in enforcing his claim, is required to wait his turn along with others of his class. The principles, which should guide the Company court in dealing with an application for winding up are well settled. The question whether the company has raised a bona fide dispute or not, is considered from the prima facie point of view and is not finally decided. In coming to its finding, the Company Court does not finally decide or adjudicate the said dispute but decides from a prima facie point of view in order to satisfy itself from the materials placed before it whether the company was likely to succeed against the petitioning creditor if the same should be put

10 10 in issue in a suit or proceeding in the regular manner. If the company is directed to be wound up such a question would be decided by the liquidator in liquidation proceedings. The whole object of the winding up proceedings is based on public policy. The winding up application is a representative action as if all the creditors have joined together in one action and hence cannot be characterized as a petition seeking enforcement of an award. The most material consideration is the inability of the company to pay its debts which is actually due and is presently payable. It is not the claim of the creditors but it is the liability of the company which is the prime consideration in a winding up proceeding. It is not denied by the respondent that it has squarely refused to pay any amount to the petitioner as against the demand made in the notice issued under Section 434 of the Act. The respondent could in law afford to refuse such payment, seeking refuge under Section 36 of the AC Act, which renders the Award unenforceable, unless the pending application under Section 34 of

11 11 the AC Act, is rejected. This automatic suspension of the execution of the award, the moment an application challenging the said award is filed, would postpone the enforcement of the payment of the debt. This is certainly an unfair advantage the respondent gains in legitimately denying payment of the said debt. In the result the petitioner is not in a position to contend that the case would fall under any of the clauses under Sub-section (1) of Section 434 of the Act. The further question as to whether the notice issued under Section 434 of the Act, 1956 was valid, since it was issued in the name of a company which is alleged to be one which is not the petitioner, etc., is not gone into and is left open. In the light of the above, the petition is rejected. Sd/- JUDGE nv*

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO OF 2011 (LA-KIADB)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO OF 2011 (LA-KIADB) 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 09 TH DAY OF OCTOBER 2012 BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.31907 OF 2011 (LA-KIADB) BETWEEN: Karnataka Industrial

More information

IN THE HIGH COURT OF KARNATAKA, BENGALURU BEFORE. THE HON'BLE Dr.JUSTICE VINEET KOTHARI. CA No.969/2015 IN COP NO.84/2012 BETWEEN:

IN THE HIGH COURT OF KARNATAKA, BENGALURU BEFORE. THE HON'BLE Dr.JUSTICE VINEET KOTHARI. CA No.969/2015 IN COP NO.84/2012 BETWEEN: 1/5 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11 th DAY OF NOVEMBER, 2016 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI CA No.969/2015 IN COP NO.84/2012 BETWEEN: RASHMI THAKERIA PROMOTER-SHAREHOLDER

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2017 K. KISHAN APPELLANT VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2017 K. KISHAN APPELLANT VERSUS REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 21824 OF 2017 K. KISHAN APPELLANT VERSUS M/S VIJAY NIRMAN COMPANY PVT. LTD....RESPONDENT WITH CIVIL APPEAL NO. 21825

More information

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION. Company Appeal (AT) (Insolvency) No. 181 of 2017

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION. Company Appeal (AT) (Insolvency) No. 181 of 2017 1 IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION (Arising out of Order dated 27 th July, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai

More information

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 22 nd November, 2017 Pronounced on: 11 th December, 2017 POWER GRID CORPORATION

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 22 nd November, 2017 Pronounced on: 11 th December, 2017 POWER GRID CORPORATION $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 22 nd November, 2017 Pronounced on: 11 th December, 2017 + O.M.P.(COMM.) 397/2016 POWER GRID CORPORATION OF INDIA LTD.... Petitioner Through

More information

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 788 of 2018

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 788 of 2018 NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI (Arising out of Order dated 10 th October, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata, in C.P.

More information

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY IN THE HIGH COURT OF KARNATAKA AT BENGALURU Between: DATED THIS THE 25 th DAY OF JANUARY, 2016 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.38276 OF 2013 (LR - RES) AND WRIT PETITION

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE ON THE 19TH DAY OF JUNE 2012 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH COMPANY PETITION NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE ON THE 19TH DAY OF JUNE 2012 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH COMPANY PETITION NO. 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE BETWEEN : ON THE 19TH DAY OF JUNE 2012 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH COMPANY PETITION NO.177 OF 2011 1 M/S BAKHTAWAR CONSTRUCTION COMPANY PVT

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL. WRIT PETITION Nos /2010 (GM-RES),

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL. WRIT PETITION Nos /2010 (GM-RES), 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED: THIS THE 27 th DAY OF JUNE, 2012 BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL WRIT PETITION Nos. 38220-221/2010 (GM-RES), BETWEEN: WRIT PETITION No.

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2018 [ARISING OUT OF SLP(CIVIL) NO OF 2018] VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2018 [ARISING OUT OF SLP(CIVIL) NO OF 2018] VERSUS REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 12023 OF 2018 [ARISING OUT OF SLP(CIVIL) NO.18598 OF 2018] JAIPUR METALS & ELECTRICALS EMPLOYEES ORGANIZATION THROUGH

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 12 TH DAY OF NOVEMBER 2014 PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA REGULAR FIRST APPEAL NO.1038 OF

More information

IN THE NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH, CHANDIGARH

IN THE NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH, CHANDIGARH 1 IN THE NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH, CHANDIGARH CP (IB) No.155/Chd/Hry/2018 In the matter of: Under Section 9 of IBC, 2016. M/s Hind Tradex Limited having its registered office at B-8/195,

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 01 ST DAY OF MARCH 2014 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No. 10574 OF 2012 (LA-BDA) CONNECTED WITH WRIT PETITION

More information

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment pronounced on: 27 th January, ARB. P. No.373/2015. versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment pronounced on: 27 th January, ARB. P. No.373/2015. versus * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 27 th January, 2016 + ARB. P. No.373/2015 CONCEPT INFRACON PVT. LTD... Petitioner Through: Mr.Balaji Subramanium, Adv. with Mr.Samar

More information

2. Mr.M.Mohammed Amjad, S/o.Late.Dr.M.Mohammed Ghouse, Aged about 37 years,

2. Mr.M.Mohammed Amjad, S/o.Late.Dr.M.Mohammed Ghouse, Aged about 37 years, 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23 RD DAY OF FEBRUARY 2015 BEFORE THE HON BLE MR.JUSTICE B.MANOHAR WRIT PETITION No.5070/2015(GM-CPC) BETWEEN: Mrs.S.Prasanna, W/o.P.K.Somashekar

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION. Judgment pronounced on: I.A. No.4998/2012 in CS(OS) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION. Judgment pronounced on: I.A. No.4998/2012 in CS(OS) No. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION Judgment pronounced on: 10.04.2012 I.A. No.4998/2012 in CS(OS) No.136/2009 SUGANDHA SETHI...Plaintiff Through: Ms. N.Shoba with Mr.

More information

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY IN THE HIGH COURT OF KARNATAKA AT BENGALURU Between: DATED THIS THE 26 th DAY OF FEBRUARY, 2016 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.33608 OF 2013 AND WRIT PETITION NOs.35833-834/2013

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10 TH DAY OF JANUARY, 2013 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10 TH DAY OF JANUARY, 2013 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY - 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10 TH DAY OF JANUARY, 2013 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY Between: WRIT PETITION No.27925 OF 2012 (LA-RES) Sri.Shambanna

More information

Executive Summary Case No 140 of 2017

Executive Summary Case No 140 of 2017 Executive Summary Case No 140 of 2017 BEFORE THE MAHARASHTRA ELECTRICITY REGULATORY COMMISSION CASE NO. 140 OF 2017 1. Reliance Infrastructure Limited 2. Reliance Electric Generation and Supply Limited..

More information

Date of Filing:21/01/2009 Date of Order :.07/05/2009 BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20

Date of Filing:21/01/2009 Date of Order :.07/05/2009 BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20 Page 1 of 5 Date of Filing:21/01/2009 Date of Order :.07/05/2009 BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20 Dated: 7 th DAY OF MAY 2009 PRESENT Sri.

More information

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No OF 2016 (KLR CON)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No OF 2016 (KLR CON) 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04 TH DAY OF APRIL, 2016 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.14654 OF 2016 (KLR CON) BETWEEN: Giriyappa Gowda S/o

More information

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NOS.913 TO 914/2015 (GM-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NOS.913 TO 914/2015 (GM-RES) IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19 TH DAY OF JANUARY 2015 BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NOS.913 TO 914/2015 (GM-RES) Between: 1 M/s Tulip Data Centre

More information

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + ARB.A. 5/2015 & IA 2340/2015 (for stay) versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + ARB.A. 5/2015 & IA 2340/2015 (for stay) versus * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.A. 5/2015 & IA 2340/2015 (for stay) Judgment reserved on February 05, 2015 Judgment delivered on February 13, 2015 M/S VARUN INDUSTRIES LTD & ORS... Appellants

More information

Company Appeal (AT) (Insolvency) No. 33 of Alongwith Company Appeal (AT) (Insolvency) No. 34 of 2017

Company Appeal (AT) (Insolvency) No. 33 of Alongwith Company Appeal (AT) (Insolvency) No. 34 of 2017 1 NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI COMPANY APPELLATE JURISDICTION Company Appeal (AT) (Insolvency) No. 33 of 2017 (arising out of Order dated 07.04.2017 passed by the National Company

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION. CCP (Co.) No. 8 of 2008 COMPANY PETITION NO. 215 OF 2005

IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION. CCP (Co.) No. 8 of 2008 COMPANY PETITION NO. 215 OF 2005 IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION CCP (Co.) No. 8 of 2008 IN COMPANY PETITION NO. 215 OF 2005 Reserved on: 26-11-2010 Date of pronouncement : 18-01-2011 M/s Sanjay Cold Storage..Petitioner

More information

.. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No /2006 in C.S.(OS) No.795/2004

.. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No /2006 in C.S.(OS) No.795/2004 .. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE I.A. No. 11454/2006 in C.S.(OS) No.795/2004 Judgment Reserved on: 09.08.2011 Judgment Pronounced on: 02.11.2011 MADAN LAL KHANNA

More information

Delhi Judicial Services Main Exam 2007 Civil Law II

Delhi Judicial Services Main Exam 2007 Civil Law II Delhi Judicial Services Main Exam 2007 Civil Law II Q. 1 A let out his residential house in Delhi to B vide registered lease deed dated 15-3-1992. This lease was for a period of three years commencing

More information

Through Mr. Atul Nigam, Mr. Amit Tiwari, Advs. versus

Through Mr. Atul Nigam, Mr. Amit Tiwari, Advs. versus IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE OA 92/2013 & IA Nos. 132/2013, 18787/2012, 218/2013, 1581/2013 in CS(OS) 3081/2012 Reserved on: 29th October, 2013 Decided on:

More information

Mr. Anuj Aggarwal, Advocate. versus ABUL KALAM AZAD ISLAMIC AWAKENING CENTRE THROUGH. Through: Mr. M.A. Siddiqui, Advocate

Mr. Anuj Aggarwal, Advocate. versus ABUL KALAM AZAD ISLAMIC AWAKENING CENTRE THROUGH. Through: Mr. M.A. Siddiqui, Advocate IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P.(C) 6392/2007 & CM Appl.12029/2007 Reserved on: 17th July, 2012 Decided on: 1st August, 2012 MOHD. ISMAIL Through:... Petitioner Mr.

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ASHOK B. HINCHIGERI

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ASHOK B. HINCHIGERI 1 BETWEEN: IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 16 TH DAY OF JULY, 2012 BEFORE THE HON BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION Nos.6137-6141/2012 (LA-KIADB) AND WRIT PETITION

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2015 (Arising out of SLP(C) No of 2011) :Versus:

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2015 (Arising out of SLP(C) No of 2011) :Versus: 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4043 OF 2015 (Arising out of SLP(C) No.10173 of 2011) Central Bank of India Appellant :Versus: C.L. Vimla & Ors.

More information

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION

MAHARASHTRA ELECTRICITY REGULATORY COMMISSION Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai 400 005 Tel. No. 022 22163964/65/69 Fax 022 22163976 E-mail: mercindia@merc.gov.in

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR. C.A.NO. 190/2008 In Co.P. NO.167/1999

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR. C.A.NO. 190/2008 In Co.P. NO.167/1999 1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 13 TH DAY OF JUNE, 2013 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR BETWEEN: C.A.NO. 190/2008 In Co.P. NO.167/1999 Official Liquidator of

More information

IN THE GAUHATI HIGH COURT. Case No: RSA 132/2015

IN THE GAUHATI HIGH COURT. Case No: RSA 132/2015 IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Case No: 1. Md. Alauddin, S/o Late Nazar Ali, 2. Mrs. Phulmati W/o Alauddin Both are resident of- Village:-

More information

Winding up by court 568. Application of Chapter 569. Circumstances in which company may be wound up by the court

Winding up by court 568. Application of Chapter 569. Circumstances in which company may be wound up by the court PART 11 WINDING UP CHAPTER 1 Preliminary and interpretation 559. Interpretation (Part 11) 560. Restriction of this Part 561. Modes of winding up general statement as to position under Act 562. Types of

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Arbitration and Conciliation Act, OMP No.356/2004. Date of decision : 30th November, 2007

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Arbitration and Conciliation Act, OMP No.356/2004. Date of decision : 30th November, 2007 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Arbitration and Conciliation Act, 1996 OMP No.356/2004 Date of decision : 30th November, 2007 AHLUWALIA CONTRACTS (INDIA) LTD. Through : PETITIONER Mr.

More information

557. Hearing of proceedings otherwise than in public Power of court to order the return of assets which have been improperly transferred.

557. Hearing of proceedings otherwise than in public Power of court to order the return of assets which have been improperly transferred. 557. Hearing of proceedings otherwise than in public. 558. Power of court to order the return of assets which have been improperly transferred. 559. Reporting to Director of Corporate Enforcement of misconduct

More information

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION. WRIT PETITION (CIVIL) No.933 OF Dr. RAM LAKHAN SINGH. PETITIONER

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION. WRIT PETITION (CIVIL) No.933 OF Dr. RAM LAKHAN SINGH. PETITIONER 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.933 OF 2014 Dr. RAM LAKHAN SINGH. PETITIONER VERSUS STATE GOVERNMENT OF UTTAR PRADESH THROUGH CHIEF SECRETARY.

More information

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15 TH DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15 TH DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15 TH DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.24411/2005 (SC/ST) Between: Smt.Guthemma Kom

More information

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI. Petition No. 211/MP/2012

CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI. Petition No. 211/MP/2012 CENTRAL ELECTRICITY REGULATORY COMMISSION NEW DELHI Petition No. 211/MP/2012 Coram: Dr. Pramod Deo, Chairperson Shri S. Jayaraman, Member Shri V.S. Verma, Member Shri M. Deena Dayalan, Member Date of Hearing:

More information

IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (L) No of 2008

IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (L) No of 2008 IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (L) No. 4484 of 2008 Birendra Kumar Singh Petitioner -V e r s u s- Secretary, Foundary Forge Co-operative Society Ltd., Dhurwa, Ranchi CORAM: - HON BLE MR.

More information

IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION. TRANSFER PETITION (CIVIL) NO. 567 of 2017 JANHIT MANCH & ANR...PETITIONER(S) VERSUS WITH

IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION. TRANSFER PETITION (CIVIL) NO. 567 of 2017 JANHIT MANCH & ANR...PETITIONER(S) VERSUS WITH 1 REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL CIVIL JURISDICTION TRANSFER PETITION (CIVIL) NO. 567 of 2017 JANHIT MANCH & ANR...PETITIONER(S) VERSUS STATE OF MAHARASHTRA & ORS....RESPONDENT(S) WITH

More information

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment reserved on: 24 th April, 2015 Judgment delivered on: 08 th October, 2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment reserved on: 24 th April, 2015 Judgment delivered on: 08 th October, 2015 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24 th April, 2015 Judgment delivered on: 08 th October, 2015 + FAO(OS) 220/2015 & CM Nos.7502/2015, 7504/2015 SERGI TRANSFORMER EXPLOSION

More information

Maheshwary Ispat Limited vs Tata Capital Financial Services... on 17 April, 2015

Maheshwary Ispat Limited vs Tata Capital Financial Services... on 17 April, 2015 Calcutta High Court Maheshwary Ispat Limited vs Tata Capital Financial Services... on 17 April, 2015 Author: Banerjee Form No. J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original

More information

LEGAL ALERT. Highlights of Amendment to the. Arbitration and Conciliation Act 1996 via. Arbitration Ordinance Amendments

LEGAL ALERT. Highlights of Amendment to the. Arbitration and Conciliation Act 1996 via. Arbitration Ordinance Amendments LEGAL Arbitration and Conciliation Act 1996 via ALERT Highlights of Amendment to the Arbitration Ordinance 2015 The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing

More information

Chapter 4 Creditors Voluntary Winding Up Application of Chapter. MKD/096/AC#

Chapter 4 Creditors Voluntary Winding Up Application of Chapter. MKD/096/AC# [PART 11 WINDING UP Chapter 1 Preliminary and Interpretation 549. Interpretation (Part 11). 550. Restriction of this Part. 551. Modes of winding up - general statement as to position under Act. 552. Types

More information

MODEL FORM OF NOTICE, COMPLAINT, AFFIDAVIT AND REPLY MODEL FORM -1 NOTICE BEFORE FILING THE COMPLAINT

MODEL FORM OF NOTICE, COMPLAINT, AFFIDAVIT AND REPLY MODEL FORM -1 NOTICE BEFORE FILING THE COMPLAINT MODEL FORM OF NOTICE, COMPLAINT, AFFIDAVIT AND REPLY MODEL FORM -1 NOTICE BEFORE FILING THE COMPLAINT Name and address... (of the trader, dealer, firm, company, etc.)... (Complete address) IN RE: (Mention

More information

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd.

CRP No. 216/2014 VERSUS. Mahendra Kumar Choukhany & Ors. CRP No. 220/2014 VERSUS. Bajrang Tea manufacturing Co. [P] Ltd. IN THE GAUHATI HIGH COURT (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) The Federal Bank Ltd. Petitioner VERSUS Mahendra Kumar Choukhany & Ors. Respondents CRP No. 220/2014 The Federal

More information

IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY C.M.P. NO.178/2013

IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY C.M.P. NO.178/2013 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 1 ST DAY OF APRIL, 2014 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY BETWEEN: C.M.P. NO.178/2013 M/S. STERLING & WILSON LTD., A COMPANY REGISTERED

More information

BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965

BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965 QUO FA T A F U E R N T BERMUDA RULES OF THE COURT OF APPEAL FOR BERMUDA BX 1 / 1965 [made under section 9 of the Court of Appeal Act 1964 and brought into operation on 2 August 1965] TABLE OF CONTENTS

More information

COURT OF APPEAL RULES, 1997 (C.I 19)

COURT OF APPEAL RULES, 1997 (C.I 19) COURT OF APPEAL RULES, 1997 (C.I 19) IN exercise of the powers conferred on the Rules of Court Committee by Article 157(2) of the Constitution these Rules are made this 24th day of July, 1997. PART I-GENERAL

More information

THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI. M.A. No. 35 of 2013(SZ) in Appeal No. 31 of 2012

THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI. M.A. No. 35 of 2013(SZ) in Appeal No. 31 of 2012 THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Wednesday, the 6 th day of February 2013 M.A. No. 35 of 2013(SZ) in Appeal No. 31 of 2012 Quorum: 1. Hon ble Justice Shri M. Chockalingam (Judicial Member)

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: FAO (OS) 298/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: FAO (OS) 298/2010 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: 17.01.2013 FAO (OS) 298/2010 SHIROMANI GURUDWARA PRABHANDHAK COMMITTEE AND ANR... Appellants Through Mr. H.S.

More information

M/S. SAIPEM TRIUNE ENGINEERING PVT. LTD. Plaintiff. - versus - INDIAN OIL PETRONAS PVT. LTD.

M/S. SAIPEM TRIUNE ENGINEERING PVT. LTD. Plaintiff. - versus - INDIAN OIL PETRONAS PVT. LTD. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION AND CONCILIATION ACT, 1996 Judgment Reserved on: January 07, 2011 Judgment Pronounced on: January 10, 2011 CS(OS) No. 2340/2008 & I.A. No.

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.5517 OF 2007

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.5517 OF 2007 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5517 OF 2007 Nadiminti Suryanarayan Murthy(Dead) through LRs..Appellant(s) VERSUS Kothurthi Krishna Bhaskara Rao &

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2017 M/S LION ENGINEERING CONSULTANTS VERSUS O R D E R

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2017 M/S LION ENGINEERING CONSULTANTS VERSUS O R D E R 1 IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 8984-8985 OF 2017 M/S LION ENGINEERING CONSULTANTS APPELLANT(S) VERSUS STATE OF M.P. & ORS. RESPONDENT(S) O R D

More information

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6472/2014

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6472/2014 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3 RD DAY OF DECEMBER 2015 BEFORE THE HON BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6472/2014 BETWEEN: SRI DR.SENTILNATHAN S/O SRI

More information

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION. Company Appeal (AT) (Insolvency) No. 213 of 2017

IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION. Company Appeal (AT) (Insolvency) No. 213 of 2017 1 IN THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL COMPANY APPELLATE JURISDICTION (Arising out of Order dated 18 th September, 2017 passed by the Adjudicating Authority (National Company Law Tribunal), Chennai

More information

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 112 of 2018

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI. Company Appeal (AT) (Insolvency) No. 112 of 2018 1 NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI (Arising out of Order dated 3 rd January, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, Kolkata in Company

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Through : Mr.Harvinder Singh with Ms. Sonia Khurana, Advs.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Through : Mr.Harvinder Singh with Ms. Sonia Khurana, Advs. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER Writ Petition (C) No.5260/2006 Reserved on : 23.10.2007 Date of decision : 07.11.2007 IN THE MATTER OF : RAM AVTAR...Petitioner Through

More information

Case No. 135 of Shri Vijay L. Sonavane, Member Smt. Chandra Iyengar, Member. (1) M/s B.S.Channabasappa & Sons...Petitioner 1

Case No. 135 of Shri Vijay L. Sonavane, Member Smt. Chandra Iyengar, Member. (1) M/s B.S.Channabasappa & Sons...Petitioner 1 Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No1, 13th Floor, Cuffe Parade, Mumbai 400 005 Tel No 022 22163964/65/69 Fax 022 22163976 E-mail mercindia@mercgovin Website:

More information

STANDING ORDERS OF THE PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

STANDING ORDERS OF THE PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA STANDING ORDERS OF THE PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA These new Standing Orders were approved and adopted by Parliament on 07 March 2018, and to be effective from 15 April

More information

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE ARAVIND KUMAR C.S.T.A.NO.

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE ARAVIND KUMAR C.S.T.A.NO. 1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24 TH DAY OF JUNE, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE ARAVIND KUMAR C.S.T.A.NO.7/2014 BETWEEN: COMMISSIONER

More information

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, 2015

THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, 2015 AS PASSED BY LOK SABHA ON 11 MAY, Bill No. 84-C of THE BLACK MONEY (UNDISCLOSED FOREIGN INCOME AND ASSETS) AND IMPOSITION OF TAX BILL, ARRANGEMENT OF CLAUSES CHAPTER I CLAUSES PRELIMINARY 1. Short title,

More information

Case No. 17 of Shri. V.P. Raja, Chairman Shri. Vijay L. Sonavane, Member. Reliance Infrastructure Ltd., Santacruz (E).

Case No. 17 of Shri. V.P. Raja, Chairman Shri. Vijay L. Sonavane, Member. Reliance Infrastructure Ltd., Santacruz (E). Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13 th Floor, Cuffe Parade, Mumbai 400005. Tel. 022 22163964/65/69 Fax 22163976 Email: mercindia@mercindia.org.in

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE ORIGINAL JURISDICTION IN THE MATTER OF COMPANIES ACT, 1956 AND

IN THE HIGH COURT OF KARNATAKA AT BANGALORE ORIGINAL JURISDICTION IN THE MATTER OF COMPANIES ACT, 1956 AND IN THE HIGH COURT OF KARNATAKA AT BANGALORE ORIGINAL JURISDICTION IN THE MATTER OF COMPANIES ACT, 1956 AND IN THE MATTER OF M/S. WHITEFIELD AGROTECH PRIVATE LIMITED (IN LIQUIDATION) COMPANY PETITION NO.113/2010

More information

DRAFT RULES UNDER THE COMPANIES ACT, 2013

DRAFT RULES UNDER THE COMPANIES ACT, 2013 DRAFT RULES UNDER THE COMPANIES ACT, 2013 CHAPTER XX COMPANIES (WINDING UP) RULES 2013 Ministry of Corporate Affairs Notification New Delhi Dated GSR No..:- In exercise of the powers conferred by section

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) No. 2145/1999

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) No. 2145/1999 IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) No. 2145/1999 Shri Wahed Ali, Son of Late Mafizuddin Ahmed, Resident of Dhirenpara, P.S. Fatasil Ambari,

More information

THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) BILL, 2018

THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) BILL, 2018 AS INTRODUCED IN LOK SABHA Bill No. 123 of 2018 5 THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS (AMENDMENT) BILL, 2018 A BILL to amend the Courts, Division

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.Nos.50029/2013 & 51586/2013 (CS-RES)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.Nos.50029/2013 & 51586/2013 (CS-RES) 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 5 TH DAY OF APRIL, 2014 BEFORE THE HON BLE MR.JUSTICE B.S.PATIL W.P.Nos.50029/2013 & 51586/2013 (CS-RES) BETWEEN 1. SRI H RAGHAVENDRA RAO S/O

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR AND THE HON BLE MR. JUSTICE V. SURI APPA RAO

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR AND THE HON BLE MR. JUSTICE V. SURI APPA RAO 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 2 nd day of November 2012 PRESENT THE HON BLE MR. JUSTICE N KUMAR AND THE HON BLE MR. JUSTICE V. SURI APPA RAO Writ Appeal No. 854 of 2007 (LA-KIADB)

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE LPA 776 OF 2012, CMs No. 19869/2012 (stay), 19870/2012 (additional documents), 19871/2012 (delay) Judgment Delivered on 29.11.2012

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BANGALORE IN THE HIGH COURT OF KARNATAKA AT BANGALORE ON THE 24 TH DAY OF MARCH, 2014 BEFORE THE HON BLE MR JUSTICE K L MANJUNATH AND THE HON BLE MR JUSTICE RAVI MALIMATH Writ Petition No. 20807 of 2010 (S-KAT)

More information

Winding up. Tribunal. Voluntary (Now governed by the Insolvency and Bankruptcy Code)

Winding up. Tribunal. Voluntary (Now governed by the Insolvency and Bankruptcy Code) Winding up Tribunal (the provision relating to the inability to pay debts now covered by the Insolvency and Bankruptcy Code) Voluntary (Now governed by the Insolvency and Bankruptcy Code) JURISDICTION:

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No OF 2017 S.L.P.(c) No.27722/2017) (D.No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No OF 2017 S.L.P.(c) No.27722/2017) (D.No. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 16850 OF 2017 (@ S.L.P.(c) No.27722/2017) (D.No.21033/2017) REPORTABLE Himangni Enterprises.Appellant(s) VERSUS Kamaljeet Singh

More information

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO /2015

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO /2015 1 BETWEEN: IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 16 TH DAY OF APRIL 2015 BEFORE THE HON BLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO. 100060/2015 UMESH HANUMANTHAPPA KORAVAR,

More information

IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Before THE HON BLE DR JUSTICE VINEET KOTHARI. Writ Petition No.10976/2015 (LB-BMP)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Before THE HON BLE DR JUSTICE VINEET KOTHARI. Writ Petition No.10976/2015 (LB-BMP) 1/13 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Between Dated this the 26 th day of October, 2016 Before THE HON BLE DR JUSTICE VINEET KOTHARI Writ Petition No.10976/2015 (LB-BMP) Mr. Jai M. Patil S/o

More information

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: WP(C) 687/2015 and CM No.1222/2015 VERSUS

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: WP(C) 687/2015 and CM No.1222/2015 VERSUS * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 30.01.2015 + WP(C) 687/2015 and CM No.1222/2015 GILEAD PHARMASSET, LLC... PETITIONER VERSUS UNION OF INDIA & ANR... RESPONDENTS Advocates

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Sections 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Ordinance (II) 2002 W.P.(C) 191/2008

More information

Date of CAV : Pronounced on 11/2/2014. appellants against the order dated passed by Learned

Date of CAV : Pronounced on 11/2/2014. appellants against the order dated passed by Learned IN THE HIGH COURT OF JHARKHAND AT RANCHI Misc Appeal No. 224 of 2011 Abdul Hamid and others... Appellants State of Jharkhand and others Versus Respondents Coram : HON BLE MR. JUSTICE D.N.UPADHYAY For the

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, Date of decision: 8th February, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, Date of decision: 8th February, 2012 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, 1971 Date of decision: 8th February, 2012 WP(C) NO.11374/2006 OCEAN PLASTICS & FIBRES (P) LIMITED

More information

COMPANY PETITION NO.166/2002 SALE NOTICE

COMPANY PETITION NO.166/2002 SALE NOTICE IN THE HIGH COURT OF KARNATAKA AT BENGALURU ORIGINAL JURISDICTION IN THE MATTER OF COMPANIES ACT, 1956 AND IN THE MATTER OF M/S. INABLING TECHNOLOGIES PRIVATE LIMITED (IN LIQUIDATION) COMPANY PETITION

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ARAVIND KUMAR REGULAR FIRST APPEAL NO.224 OF 2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ARAVIND KUMAR REGULAR FIRST APPEAL NO.224 OF 2010 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 25 th DAY OF MARCH, 2013 BEFORE THE HON BLE MR. JUSTICE ARAVIND KUMAR REGULAR FIRST APPEAL NO.224 OF 2010 BETWEEN: SRI GANESH SHENOY, AGED ABOUT

More information

CHAPTER XX WINDING UP

CHAPTER XX WINDING UP Modes of winding up. CHAPTER XX WINDING UP 270. (1) The winding up of a company may be either (a) by the Tribunal; or (b) voluntary. (2) Notwithstanding anything contained in any other Act, the provisions

More information

$~R-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI

$~R-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI $~R-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 05.01.2018 + RFA 796/2005 & CM APPL. 16272/2005, CM APPL. 3162/2007 ORIENTAL LONGMAN LTD.... Appellant Through: Mr. Pravin Anand,

More information

PROCEDURE & PRINCIPLES: ORDER 26A: ORDER 14 & ORDER 14A

PROCEDURE & PRINCIPLES: ORDER 26A: ORDER 14 & ORDER 14A PROCEDURE & PRINCIPLES: ORDER 26A: ORDER 14 & ORDER 14A ISBN 983-41166-7-5 Author: Nasser Hamid Binding: Softcover/Extent: 650 pp Publication Price: MYR 220.00 The law is stated as of July 1, 2004 Chapter

More information

Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013

Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013 Impact of enforcement of the Insolvency and Bankruptcy Code, 2016 on the sections to the Companies Act, 2013 Section 245 to 255 of Insolvency and Bankruptcy Code, 2016 enlists the amendments, resulting

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BID. Writ Petition (Civil) No.8529 of Judgment reserved on: January 13, 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BID. Writ Petition (Civil) No.8529 of Judgment reserved on: January 13, 2008 IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BID Writ Petition (Civil) No.8529 of 2008 Judgment reserved on: January 13, 2008 Judgment delivered on: January 21, 2009 Mr. Virendra Kapoor Proprietor

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 TH DAY OF AUGUST 2014 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 TH DAY OF AUGUST 2014 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 TH DAY OF AUGUST 2014 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY BETWEEN: WRIT PETITION No.13520 OF 2012 (GM-CPC) Smt. Narayanamma,

More information

ii) The respondent did not furnish a Bank Guarantee for the amount of Rs crores and also did not pay the service tax payable on the said amount

ii) The respondent did not furnish a Bank Guarantee for the amount of Rs crores and also did not pay the service tax payable on the said amount IN THE SUPREME COURT OF INDIA Civil Appeal Nos.... of 2009 (Arising out of SLP (C) Nos. 11964-11965 of 2009) Decided On: 06.08.2009 ECE Industries Limited Vs. S.P. Real Estate Developers P. Ltd. and Anr.

More information

THE SINGAPORE APPROACH TO THE ADJOURNMENT OF PROCEEDINGS TO ENFORCE A FOREIGN ARBITRAL AWARD

THE SINGAPORE APPROACH TO THE ADJOURNMENT OF PROCEEDINGS TO ENFORCE A FOREIGN ARBITRAL AWARD Published on 6 September 2018 THE SINGAPORE APPROACH TO THE ADJOURNMENT OF PROCEEDINGS TO ENFORCE A FOREIGN ARBITRAL AWARD Margaret Joan LING LLB (National University of Singapore); Partner, Litigation

More information

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No.5740 OF 2007 (LA-BDA)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No.5740 OF 2007 (LA-BDA) 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27 TH DAY OF AUGUST 2012 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY BETWEEN: WRIT PETITION No.5740 OF 2007 (LA-BDA) 1. Smt. Chanchal Bai

More information

ICC Rules of Conciliation and Arbitration 1975

ICC Rules of Conciliation and Arbitration 1975 ICC Rules of Conciliation and Arbitration 1975 (in force as from 1st June 1975) Optional Conciliation Article 1 (ADMINISTRATIVE COMMISSION FOR CONCILIATION. CONCILIATION COMMITTEES) 1. Any business dispute

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI. AA No.396/2007. Date of decision: December 3, Vs.

IN THE HIGH COURT OF DELHI AT NEW DELHI. AA No.396/2007. Date of decision: December 3, Vs. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Arbitration and Conciliation Act, 1996 AA No.396/2007 Date of decision: December 3, 2007 AKG Associates Through: Mr.Rajiv Kumar, Advocate....Petitioner

More information

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION. CM(M) No. 932/2007 and CM(M) No. 938/2007 RESERVED ON: 4.12.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION. CM(M) No. 932/2007 and CM(M) No. 938/2007 RESERVED ON: 4.12. IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR DECLARATION CM(M) No. 932/2007 and CM(M) No. 938/2007 RESERVED ON: 4.12.2007 DATE OF DECISION: 7.12.2007 Arti Arora... Through: Petitioner Mr.

More information

COMPARISON BETWEEN COMPANIES ACT, 2013 AND INSOLVENCY AND BANKRUPTCY ACT, 2016 W.R.T. WINDING UP

COMPARISON BETWEEN COMPANIES ACT, 2013 AND INSOLVENCY AND BANKRUPTCY ACT, 2016 W.R.T. WINDING UP An Open Access Journal from The Law Brigade (Publishing) Group 412 COMPARISON BETWEEN COMPANIES ACT, 2013 AND INSOLVENCY AND BANKRUPTCY ACT, 2016 W.R.T. WINDING UP Written by Nisha Dhillon, 5 th year B.Com,

More information

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1140/2015 & WP(C) 2945/2015. Sri Vidyut Bikash Bora

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1140/2015 & WP(C) 2945/2015. Sri Vidyut Bikash Bora IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C) 1140/2015 & WP(C) 2945/2015 Sri Vidyut Bikash Bora -Vs-...Petitioner M/s. Indian Oil Corporation Ltd.

More information

Analysis of NCLT & NCLAT orders on IBC, 2016

Analysis of NCLT & NCLAT orders on IBC, 2016 Analysis of NCLT & NCLAT orders on IBC, 2016 {Halfia-day seminar by ICSI Hyderabad Chapter} by CS R.Ramakrishna Gupta Senior Partner, R & A Associates June 2, 2017 1 Agenda 1) Operating Provisions of IBC

More information

Crl. Rev. P. No. 5 of 2017

Crl. Rev. P. No. 5 of 2017 Crl. Rev. P. No. 5 of 2017 BEFORE HON BLE MR. JUSTICE MANASH RANJAN PATHAK 31.07.2017 Heard Mr. Pallab Kataki, learned counsel for the petitioner. Also heard Mr. Nava Kumar Kalita, learned Additional Public

More information

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No. 197 OF 2018 (Arising out of S.L.P.(C) No of 2016) VERSUS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No. 197 OF 2018 (Arising out of S.L.P.(C) No of 2016) VERSUS IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL No. 197 OF 2018 (Arising out of S.L.P.(C) No.29765 of 2016) Smt. K.A. Annamma.Appellant(s) VERSUS The Secretary, Cochin

More information