Court : Supreme Court of India
..... instituted by the union of india under section 241(2) read with section 242 of the companies act, 2013 (the act of 2013 ) before the mumbai bench of the national company law tribunal ( nclt ) against infrastructure leasing and financial services limited ( il&fs ) and its board of directors ( board ), on the ground that the affairs ..... from the consensus...arrived at in the presence of senior officers of both the parties namely mr d suresh, ias, managing director, hmrtc, chief administrator, hsvp, mr rajiv banga, managing director, rmgl and director, rmgsl. the consensual order passed by the high court envisaged that: (i) rmgl and rmgsl would continue to operate the ..... law. 17 part a insofar as clause vi is concerned, learned senior counsel appearing on behalf of the applicant(s)-respondent(s), after taking instructions from mr. rajiv banga, managing director, rmgsl and director rmgl, has submitted that the same be read as under:- vi) it is directed that whatever documents are required for .....
Tag this Judgment!Court : Supreme Court of India
..... by creating equitable mortgage over various properties.5) sometime in the year 2012, it was proposed that ibfsl gets merged with the appellant. after completing the formalities of informing the national housing bank as well as the reserve bank of india about the aforesaid proposal and furnishing them copies civil appeal no.18 of 2018 page 4 of 42 of the ..... . elphin stone spinning and weaving company limited & others5 was also taken in this behalf. the learned counsel also referred to yet another case, viz., delhi financial corporation and another v. rajiv anand and others6 wherein this aforesaid principle is reiterated. (iii) the loan agreements dated december 08, 2011 and january 05, 2012 which were entered into between respondent no.1 and .....
Tag this Judgment!Court : Delhi
..... and, thus, decline to appoint an arbitrator while exercising powers under section 11 of the 1996 act. the observations made in this behalf in punjab national bank vs. kohinoor foods limited, 2015 scc online del 7351, being relevant are extracted hereafter: - d.1 to my mind, ordinarily the leeway ..... was considerably wide in view of the decisions in sbp and co. [sbp and co. v. patel engg. ltd., (2005) 8 scc618 and boghara polyfab [national insurance co. ltd. v. boghara polyfab (p) ltd., (2009) 1 scc267 (2009) 1 scc (civ) 117]. . this position continued till the amendment brought ..... mitra and ms. respondents ritika mitra, advs. for r-1. ms. rajani chauhan, adv. for r-2 & 3 coram: hon'ble mr. justice rajiv shakdher rajiv shakdher, j.preface & background facts:1. this is a petition filed under section 11 of the arbitration and conciliation act, 1996 (in short 1996 act ). ..... per the fourth schedule appended to the 1996 act. september06 2018/hs arb. p. no.413/2017 rajiv shakdher (judge) page 26 of 26 .....
Tag this Judgment!Court : Supreme Court of India
..... systems contributes to the development of harmonious international economic relations, noting that the model law on international commercial arbitration was adopted by the united nations commission on international trade law at its eighteenth session, after due deliberation and extensive consultation with arbitral institutions and individual experts on international commercial ..... entries 10 to 14 of list i of the seventh schedule to the constitution of india deal with foreign affairs, relationship with foreign countries, united nations organization, participation in international conferences, associations and other bodies and implementing of decisions made thereat, entering into treaties and agreements and implementing of treaties, ..... state act vis vis the 1940 act and 1996 act. in this respect, he relies on the judgment of this court in the case of rajiv sarin and another v. state of uttarakhand and others13. 12 (2011) 8 scc33313 (2011) 8 scc70826 28. shri shishodia as well as shri .....
Tag this Judgment!Court : Delhi
..... of the delhi high court india ltd. v. amcipty ltd., o.m.p. 417/2011 decided on 1 september, 2011, the judgment of the division bench of this court in national shipping company was relied upon. the delhi high court observed that the provisions of order 38, rule 5 would serve as a guiding principle for the exercise of the jurisdiction ..... . m.k. jain, karta m.k. jain rishabh jain versus m.k.jain ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ..... respondent jasmine buildmart pvt. ltd. counsel for the petitioner: mr. rajiv nayar, senior advocate, mr. akhil sibal, senior advocate, with mr. kuber dewan, ms. manjira, ms. deboshree, mr. vipul wadhwa, ms. suvarna kashyap, advocates o.m.p. (i) (comm.) 280-286 .....
Tag this Judgment!Court : Delhi
..... of the delhi high court india ltd. v. amcipty ltd., o.m.p. 417/2011 decided on 1 september, 2011, the judgment of the division bench of this court in national shipping company was relied upon. the delhi high court observed that the provisions of order 38, rule 5 would serve as a guiding principle for the exercise of the jurisdiction ..... . m.k. jain, karta m.k. jain rishabh jain versus m.k.jain ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ..... respondent jasmine buildmart pvt. ltd. counsel for the petitioner: mr. rajiv nayar, senior advocate, mr. akhil sibal, senior advocate, with mr. kuber dewan, ms. manjira, ms. deboshree, mr. vipul wadhwa, ms. suvarna kashyap, advocates o.m.p. (i) (comm.) 280-286 .....
Tag this Judgment!Court : Delhi
..... of the delhi high court india ltd. v. amcipty ltd., o.m.p. 417/2011 decided on 1 september, 2011, the judgment of the division bench of this court in national shipping company was relied upon. the delhi high court observed that the provisions of order 38, rule 5 would serve as a guiding principle for the exercise of the jurisdiction ..... . m.k. jain, karta m.k. jain rishabh jain versus m.k.jain ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ..... respondent jasmine buildmart pvt. ltd. counsel for the petitioner: mr. rajiv nayar, senior advocate, mr. akhil sibal, senior advocate, with mr. kuber dewan, ms. manjira, ms. deboshree, mr. vipul wadhwa, ms. suvarna kashyap, advocates o.m.p. (i) (comm.) 280-286 .....
Tag this Judgment!Court : Delhi
..... of the delhi high court india ltd. v. amcipty ltd., o.m.p. 417/2011 decided on 1 september, 2011, the judgment of the division bench of this court in national shipping company was relied upon. the delhi high court observed that the provisions of order 38, rule 5 would serve as a guiding principle for the exercise of the jurisdiction ..... . m.k. jain, karta m.k. jain rishabh jain versus m.k.jain ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ........ petitioner ..... respondent jasmine buildmart pvt. ltd. counsel for the petitioner: mr. rajiv nayar, senior advocate, mr. akhil sibal, senior advocate, with mr. kuber dewan, ms. manjira, ms. deboshree, mr. vipul wadhwa, ms. suvarna kashyap, advocates o.m.p. (i) (comm.) 280-286 .....
Tag this Judgment!Court : Delhi
..... appears that charges on the assets held by respondent no.2 have been created by other financial institutions and banks including aditya birla finance limited, lic housing finance limited, punjab national bank, axis bank and indian overseas bank.38. under these circumstances, the petitioners have reserved their right for specific performance of the jdca and mou and also to seek compensation ..... ltd. v. modern construction & co., (2014) 1 scc648[paragraphs 19 and 21].; union of india v. maj. gen. madan lal yadav, (1996) 4 scc127[paragraphs 28 and 29].; lic v. rajiv kumar bhasker, (2005) 6 scc188[paragraph 33]..68. it is submitted that in view of the admitted stand that the land will be transferred and further actions will be taken .....
Tag this Judgment!Court : Delhi
..... appears that charges on the assets held by respondent no.2 have been created by other financial institutions and banks including aditya birla finance limited, lic housing finance limited, punjab national bank, axis bank and indian overseas bank.38. under these circumstances, the petitioners have reserved their right for specific performance of the jdca and mou and also to seek compensation ..... ltd. v. modern construction & co., (2014) 1 scc648[paragraphs 19 and 21].; union of india v. maj. gen. madan lal yadav, (1996) 4 scc127[paragraphs 28 and 29].; lic v. rajiv kumar bhasker, (2005) 6 scc188[paragraph 33]..68. it is submitted that in view of the admitted stand that the land will be transferred and further actions will be taken .....
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