Section 3 of Judges (Protection) Act, 1985 held constitutional. ...

Judges Protection Act upheld; non-payment is default for insolvency; no forum shopping; cost imposed on petitioner.

December 24, 2024

Case Laws Companies Law HC

Section 3 of Judges (Protection) Act, 1985 held constitutional. Non-payment of debt, even partially, amounts to default by Corporate Debtor u/s 7 IBC. Order of NCLT-1 Mumbai admitting insolvency application not perverse or illegal. Petition alleging forum shopping, suppression, multiplicity of proceedings dismissed. Cost of Rs. 2.5 lakh imposed on Petitioner.

View Source

← Previous Next →

Section 3 of Judges (Protection) Act, 1985 held constitutional. ...

Judges Protection Act upheld; non-payment is default for insolvency; no forum shopping; cost imposed on petitioner.

December 24, 2024

Case Laws Companies Law HC

You may also like:

The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping...

Recovery of outstanding amounts - NPA - Forum Shopping - It is a settled law that the practice of Forum Shopping be condemned as it is an abuse of law. This case is...

This notification amends the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017. Key changes include: extending timelines for information...

The Appellant (SIDBI) had established a clear case of continuous defaults by the Respondent (Sambandh Finserve Private Limited) in loan repayment post the suspension...

Default by insolvency professional (IP) - Disciplinary Committee debars her from seeking fresh registration as an insolvency professional or providing any service under...

Admissibility of Section 7 application - The date of default which is mentioned in the tabular form cannot be ignored it is clear that there was default of more than...

The CD defaulted on loan repayment from January 2020, failing to pay the monthly installment due on 20th January 2020. Though partial payment was made in February 2020,...

Liability for payment of customs duty on sale of excess liquor from the duty-free shop

Seeking direction to RP to disclose item wise insolvency resolution process costs - The Appellant asked Resolution Professional to disclose item wise insolvency...

The dispute revolves around the non-payment of outstanding dues by the Corporate Debtor to the Appellant, pursuant to an agreement for providing e-Auction solutions. The...

Contempt application preferred by the appellant alleging non-compliance of order passed by the learned Single Judge of the High Court - entitlement to refund of the...

Admission of Section 7 Application - CIRP - The case involved an appeal by a suspended director of a corporate debtor against the admission of a Section 7 application by...

Maintainability of section 7 application - Initiation of CIRP - existence of debt and default - date of default - On 14.02.2020 the account was declared NPA - The...

Liability to pay interest u/s 234B - In the light of legal position as it existed for the relevant Assessment Years prior to insertion of proviso to Section 209(1) of...

No doubt, if the person (payer) who had to make payments to the non-resident had defaulted in deducting the tax at source from such payments, the non- resident is not...

Quick Updates: