Industrial Development Bank Of India (Through Stressed Assets Stabilization Fund Constituted By The Government Of India) Vs Superintendent Of Central Excise And Customs And Others
.... ery Mode of Winding Up’, under the sub-heading ‘proof and ranking of claims’. Section 528 of the Companies Act states that debts of all descriptions, including the debts payable on contingency, and claims against the company, present or future, ascertained or sounding only in damages, shall be a ...
Supreme Court Of India
Suleman A. Kalaniya and Others Vs Kotak Mahindra Bank Ltd. and Others
.... determining the claims of all classes of Creditors of the Company under the Companies Act and the Companies (Court) Rules, 1959. In this connection, he has submitted that the Respondent No. 1 Bank is conducting the sale under Securitization Act as convener of the Sale Committee appointed by this Co ...
Gujarat High Court
Official Liquidator Vs Gaurav Sharman and Others
.... b State Consumer Disputes Redressal Commission, Chandigarh, that Section 446 of the Companies Act, creates a bar to the continuance of pending proceedings subject to permission from the company judge or any legal authority mentioned in the Companies Act during the winding up or after the winding up ...
Andhra Pradesh High Court
In Re: Jaipur Spg. and Wvg. Mills Ltd. (In Liquidation) Vs
.... 5 per day from 24-12-1983 up to the date of default continues. In default of payment of fine the accused shall suffer 15 days simple imprisonment." 15. Mr. G.N. Podar, Director of the Company filed D.B. Special Appeal No. 34/1991 against the aforesaid order. The appeal came to be dismissed by the ...
Rajasthan High Court
Canara Bank and A.P. State Financial Corporation Vs Mopeds India Ltd. (In Liquidation)
.... ecision of the subordinate Tribunal is erroneous and therefore liable to be rectified or set right. 15. In another case reported in State of Gujarat Vs. Salimbhai Abdulgaffar Shaikh and Others, , the Supreme Court almost held the same principles though it was a case in criminal proceedings. It ...
Andhra Pradesh High Court
Ujjain Nagar Palika Nigam Vs Official Liquidator and Others
.... 7. In order to ascertain the liabilities, Section 528 requires that all persons having claims, of whatsoever nature, against the company, should submit proof of what is due to them. Every kind of liability, whether present or future, certain or contingent, and however, difficult of valuation, is pro ...
Calcutta High Court
Venkatesh K. Patil Vs National Auto Accessories Ltd.
.... in the schedule annexed to the said agreement. The said agreement also shows that the workmen were deemed to have been properly relieved from the services of the company on the closure of the last working day on 9-7-1997. 11. Admittedly, the said agreement dated April 9,2001, is in full force an ...
Bombay High Court (Goa Bench)
Punjab Financial Corporation Limited and Another Vs Official Liquidator Attached to Punjab and Haryana High Court and Another
.... sition of co-mortgagee. State Financial Corporations cannot act independently or by ignoring him for enforcing their security. The realization of the security can only be done by both the charge-holders joining the realising the security simultaneously. If a sale takes place, it can only be simultan ...
High Court Of Punjab And Haryana At Chandigarh
In Re: Shivmoni Steel Tubes Employees Association Vs
.... There being several secured creditors even before the passing of the winding up order in respect of the company under liquidation and holding a charge either pari passu or second or third charge over the properties of the company, it will be necessary to ascertain the rights of each of such secured ...
Karnataka High Court
Canara Bank Vs Mopeds India Ltd. and Others
.... with effect from the date of publication of winding up order in accordance with sub-section (3) of Section 445 of the Act which lays down that winding up order filed with Registrar of Companies under sub-section (1) of Section 445 of the Act shall be notice of discharge to employees of the company. ...
Andhra Pradesh High Court
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