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M/S. Global Infrastructure Technologies Ltd. Vs. Kotak Mahindra Bank L ...
Delhi
Apr-16-2014
Land Acquisition
KMBL, seeking abatement of the reference made by the petitioner under the third proviso to Section 15(1) of SICA. The application had been filed on the ground that KMBL held more than 3/4ths in value of the … Ms. Maneesha Dhir with Ms. Geeta Sharma, Ms. Vinita Sasidharan and Ms. Mithu Jain, Advocates. versus KOTAK MAHINDRA BANK LTD. & ORS. .....Respondents Through: Mr. T.K. Ganju, Sr. Advocate with Mr. Sanjay Bhatt and Mr. Abhishek, Advocates
Tag this Judgment! AI Brief & AskKsl and Industries Ltd. Vs. M/S. Arihant Threads Ltd. and ors.
Supreme Court of India
Oct-27-2014
Land Acquisition
of the decisions of this Court dealing with this aspect may be noticed in Ram Narain Vs. Simla Banking & Industrial Co. Ltd.[2].. Two statutes, both containing non-obstante clauses providing that the particular provisions of the Act … aside and directed refund of sale amount to the appellant.9. On 21.12.05, the Company invoked the provisions of SICA. It filed a Reference before the Board of Industrial Finance & Reconstruction (`BIFR' for short). On 10.02.06, the
Tag this Judgment! AI Brief & AskM/S. Svpcllimited,d. No.11-13-173/11and12 Vs. The State Bank ofindia a ...
Andhra Pradesh
Apr-09-2015
Land Acquisition
Bank ; Sarwan Singh20; Kumaon Motor Owners Union Ltd.v.State of Uttar Pradesh ; Shri Ram Narain v. Simla Banking and Industrial Co.LTD.).The SARFAESI Act is an Act made to regulate securitisation and reconstruction of financial assets and … taken on 28.03.2014, as violative of the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 (for short SICA).The petitioner was initially constituted as a partnership firm in the year 1992. It was later converted into a
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Noble Aqua Pvt. Ltd. and 2 ors. Vs. State Bank of India and 4 ors.
Orissa
Feb-21-2008
SICA
AIR2008Ori103; 106(2008)CLT126; [2009]148CompCas817(Orissa); 2008(I)OLR702
Industrial and Financial Reconstruction (hereinafter referred to as the 'BIFR') by an application under Section 15(1) of the SICA on 7.10.2005 in the requisite form. Initially the BIFR refused to register the reference, but the petitioner appealed … by its order dated 19.10.2006 sent notices to different parties including the Chairman and Managing Director of State Bank of India and fixed the date of hearing to 14.11.2006 in the office of BIFR, New Delhi.3. In
Tag this Judgment! AI Brief & AskSri Bireswar Das Mohapatra and anr. Vs. State Bank of India
Orissa
Aug-17-2006
Banking
Companies Act, 1956 - Sections 439, 442, 444, 446, 529A, 536(2) and 537; Foreign Exchange Regulation Act, 1973; Income Tax Act, 1961 - Sections 72 and 72A; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 20, 34, 34(1) and 34(2); Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16, 20, 20(1), 20(2), 20(3), 20(4), 22, 22A and 32; Small Industries Development Bank of India Act, 1989; Urban Land (Ceiling and Regulation) Act, 1976; Recovery of Debts Due to Banks and Financial Institutions Rules; Code of Criminal Procedure (CrPC) - Sections 198(13); Constitution of Indi
2006(II)OLR423
being TMS No. 207 of 1993. Thereafter the said company was declared sick and under the provisions of SICA the BIFR made a recommendation under Section 20 of SICA for its winding up. On the basis of … This writ petition has been filed by the guarantors to the loanee who obtained loan from the State Bank of India, Bhubaneswar, Industrial Estate Branch (hereinafter referred to as the 'SBI'). The petitioners are also erstwhile Managing
Tag this Judgment! AI Brief & AskVdcs Enterprises and anr. Vs. Union of India (Uoi) and ors.
Delhi
Nov-16-2005
SICA
Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18, 19, 19(2) and 19(3A)
125(2005)DLT385; 2005(85)DRJ420
the petitioner to the respondent. BIFR from time to time has issued directions under Section 19 of the SICA to the Operating Agency i.e. Haryana Financial Corporation that they may settle the amount of dues in terms … into one time settlement with Haryana State Industrial Development Corporation and had also paid the dues of State Bank of Patiala. On 15.2.2002 BIFR expressed its anguish that on 19.2.2003 BIFR directed the petitioner to deposit a
Tag this Judgment! AI Brief & AskKsl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.
Supreme Court of India
Aug-25-2008
SICABanking
Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;
IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
consider some of the decisions of this Court on this vexed issue.49. In Shri Ram Narain v. Simla Banking & Industrial Co. Ltd. : [1956]1SCR603 , two competing statutes came up for consideration before this Court being … 2005, the Company filed a Reference before the Board of Industrial Finance & Reconstruction (`BIFR' for short) under SICA which was registered as BIFR Case No. 4 of 2006. On February 10, 2006, DRAT dismissed the appeal
Tag this Judgment! AI Brief & Askinderjeet Arya and Another Vs. Icici Bank Ltd.
Delhi
May-02-2012
Land Acquisition
note of the observations of the Supreme Court in Nahar Industrial Enterprise Limited Vs. Hong Kong and Shanghai Banking Corporation, JT 2009 (10) SC 199. 21.1 The Supreme Court in this case was dealing with a situation … of its reference under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 (in short “the SICA”) with the Board for Industrial and Financial Reconstructions (in short “the BIFR”). The reference was filed on 02.04.2009.
Tag this Judgment! AI Brief & AskSalem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...
Chennai
Apr-22-2013
Land Acquisition
of BIFR:5. 8.1 The Committee had the benefit of hearing the views of the Union Labour Secretary, Union Banking Secretary and experts representing financial institutions, commercial bodies and Indian Bankers Association on the subject. These organisations and … culminating in an order declaring the company to be sick, the third proviso inserted under Section 15(1) of SICA could not be invoked.6. But the decision of the Division Bench of the Orissa High Court was not
Tag this Judgment! AI Brief & AskAxis Bank Limited Vs. Naturol Bioenergy Limited
Andhra Pradesh
Apr-24-2012
Land Acquisition
is registered with the BIFR, any restructuring of the company would be governed only by the provisions of SICA; it is only the BIFR which is empowered thereafter to sanction a restructuring scheme with the consent of … was sought for submission of the report of the Chairman. Thereafter, on 06.01.2012, this Court noted that Axis Bank had raised objections with regards acceptance of the Chairman’s report and, hence, the application was adjourned to 18.12.2012
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