Judgment Search Results Home > Cases Phrase: small industries developement bank of india act 1989 section 20g matters to be discussed and procedure in annual general meeting Court: mumbai Page 1 of about 27 results (0.122 seconds)

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Reported in : 2008(6)BomCR340

..... section (2) of section 34 provides that the provisions of rd act or rules made thereunder shall be in addition to, and not in derogation of the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984, the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989 ..... court in allahabad bank's case (supra), there is no scope to contend that banks and financial institutions will have additional forum and procedure to get necessary details about the assets of the debtor when there is already provisions in the rd act to get all ..... discussion and decisions of the apex court leave no scope for any doubt that the term 'decree' in section 9(2) of the insolvency act refers ..... provides that no other forum will have jurisdiction and power to deal with the matters specified under section 17 of the said act, apart from providing that the provisions of the dr act would have overriding effect over any other law ..... (1) a debtor commits an act of insolvency in each of the following cases, namely:(a) if, in the states or elsewhere, he makes a transfer of all or substantially all his property to a third person for the benefit of his creditors generally;(b) if, in the states or elsewhere, he makes a transfer of his property or of any part thereof with intent to defeat or delay his creditors;(c) if, in the states or elsewhere he .....

Bharat Co-operative Bank (Mumbai) Ltd. and Anr. Vs. Co-operative Bank ...

Court : Mumbai

Reported in : 2005(3)BomCR713; [2006(106)FLR85]; (2005)IILLJ1010Bom; 2005(2)MhLj906

..... 'banking company' means a banking company as defined in section 5 of the banking companies act, 1949, (10 of 1949) having branches or other establishments in more than one state, and includes [the export-import bank of india] [the industrial reconstruction bank of india], [the industrial development bank of india], [the small industries development bank of india established under section 3 of the small industries development bank of india act, 1989], the reserve bank of india, the state bank of india, [a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) [a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980), and any subsidiary bank], as defined in the state bank of india (subsidiary banks) act, 1959 (38 of 1959 ..... any industry as defined in clause (j) of section 2 of the industrial disputes act, 1947, xiv of 1947, and the state government in relation to any industrial dispute concerning such industry is the appropriate government under that act; provided that, the state government may, by notification in the official gazette, direct that the provisions of this act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this act shall cease to apply to that industry and, thereupon, section 7 of the bombay .....

Hill Properties Ltd. the Companies Act, 1956 Vs. Union Bank of India U ...

Court : Mumbai

Reported in : 2009(111)BomLR4550

..... act or the rules made there under shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act,1984 (62 of 1984), the sick industrial companies (special provision) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989 ..... section 34(1) the act has overriding effect subject to what is contained in section 34(2).c) the jurisdiction now exercised by tribunals under the rdb act was earlier exercised by the civil court under section 9 of the code of civil procedure, which is now excluded in matters covered by section 17 of the rdb act ..... far as practicable' means, not interfering with the ratio which fulfils the interest of administration, but flexible provision clothing government with powers to meet special situations where the normal process of the government resolution cannot flow smooth. ..... an exhaustive discussion of the provisions of the rdb act and circumstances which led to its enactment, the supreme court held that the debt recovery tribunal had exclusive jurisdiction to decide the issue of priorities of all claimants (including third parties), since claims by banks and financial institutions ..... to rules 9 and 11 (to the extent required) of the second schedule to the income tax act, 1961 rules 9 and 11 reads as under:general bar to jurisdiction .....

Rama Steel Industries and ors. Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : AIR2008Bom38; 2007(6)ALLMR739; 2008(1)BomCR271; 2007(6)MhLj387

..... act, 1963, the industrial reconstruction bank of india act, 1984 [the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989],it may be seen that the expression 'or any other law for the time being in force' appearing in section 37 of the securitisation act is missing in section 34(2) of the rdb act. ..... --the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act, 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force. ..... it has been urged that legality of notification dated 28-1-2003, which includes co-operative banks within the definition of term 'bank' under section 2(c) of the securitisation act was not a matter of challenge in the case of m/s khaja industries, supra, before this court. ..... the discussion to follow would show that the challenge raised in this petition too has no force.10. .....

Bank of India Vs. Harshadrai Odhavji Mody and Central Bank of India

Court : Mumbai

Reported in : AIR2002Bom449; 2002(3)ALLMR1; 2002(5)BomCR228; [2003]115CompCas86(Bom); 2002(3)MhLj723

..... (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989.'16. ..... the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industrial development bank of india act, 1989. ..... contrast section 22 of the act with section 13(4) of the consumer protection act, 1986 which vests certain powers on the authorities under the act;'(4) for the purposes of this section the district forum shall have the same powers as are vested in civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely :-- (i) the summoning and enforcing attendance of any defendant or witness and examining the witness on oath; (ii) the discovery and production of any document or other ..... hence the procedure provided by the special law must prevail over the general. ..... according to the learned counsel the rdb act is a general law. .....

Narendra Kantilal Shah Vs. Joint Registrar, Co-operative Societies (Ap ...

Court : Mumbai

Reported in : AIR2004Bom166; 2004(1)ALLMR798; II(2004)BC585; 2004(1)BomCR707; 2004(1)MhLj704

..... this act or the rules made thereunder shall be a addition to, and nor in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporation act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) (the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989).section 34, thus, gives over-riding effect to the provisions of the 1993 act on ..... contained) in any other law for the time being in force, any dispute touching the constitution, (elections of the committee or its officers other than elections of committees of the specified societies including its officer), conduct of general meetings, management or business of society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated or by a creditor of the society, (to the co-operative ..... tribunal which has been constituted as per the preamble of the act, 'for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters connected therewith or incidental thereto' would squarely fall within the ..... exercise general power of superintendence and control over the tribunals under his jurisdiction including the power of appraising the work and recording the annual confidential ..... act may be a special statute as compared to the code of civil procedure .....

idbi Ltd. Vs. the Official Liquidator.

Court : Mumbai

..... act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989 ..... 's report no.24 of 2009 for distribution of dividend declared pursuant to the order passed by this court on 6-3-2009, shall be considered as and when the apex court decides the matter, and the parties are at liberty to move appropriate applications before this court after the decision of the apex court, or on the basis of ..... the "1985 act being a subsequent enactment, the non-obstante clause therein would ordinarily prevail over the non-obstante clause in section 46-b of the 1951 act unless it is found that the 1985 act is a general statute and the 1951 ..... exclusive tribunal both for adjudication and execution is a procedure clearly inconsistent with realisation of ..... objection to disburse the amount, as was determined in the meeting dated 12-2-2009, subject to the condition that the applicants shall furnish before this court an undertaking that they would repay the amount received by them along with interest thereon in case special leave petition nos.21737 of 2007, 21738 of 2007 and 21739 of 2007 are allowed by the hon'ble supreme .....

Jaikisan S/O Jaynarayan Bhaiyya Vs. United Western Bank Ltd.

Court : Mumbai

Reported in : 2004(5)BomCR705; 2004(2)MhLj755

..... the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989). ..... in the said original application which was filed under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as the said act of 1993). ..... the learned counsel relied upon section 34 of the said act of 1993 and submitted that the provisions of the said act of 1993 have overriding effect ..... section 22(1) of the said act of 1993 provides that the tribunal shall not be bound by the procedures laid down in the said code of 1908 but shall be guided by the principles of natural justice ..... the learned counsel appearing for the petitioner relied upon the averments made in the original application by the respondent and pointed out that there is no pleading in the said application to indicate that the petitioner is liable to pay the dues payable by defendant ..... the matter was taken to the apex court by way of special leave ..... the matter was taken to the karnataka high court by filing a writ petition which was again rejected by the learned single judge of the said high court by holding that the question raised has to be decided at the time .....

Maharashtra State Financial Corporation and Etc. Vs. Devidas K. Virkar ...

Court : Mumbai

Reported in : AIR2004Bom323; I(2006)BC367; [2005]123CompCas423(Bom)

..... of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) (the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989))'4. ..... thereof (or in meeting its obligations in relation to any guarantee given by the corporation) or otherwise fails to comply with the terms of its agreement with the financial corporation or where the financial corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, (then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882 (4 of 1882)) any officer of the financial corporation, generally or specially authorised ..... learned counsel appearing for petitioners, msfc and sicom, however, relied on various judgments as under and submitted that this court has jurisdiction to decide and such matters need not be transferred to drt, as they are not applying for ..... remedies are available under the respective acts, and which are not prohibited and not disputed by any party, there is no reason not to proceed with these matters', as pending in this high court .....

Rohit Travels and anr. Vs. Sangli Bank and ors.

Court : DRAT Mumbai

Reported in : IV(2004)BC203

..... 41/1996 before the state consumer disputes redressal commission at mumbai against the applicant bank namely the sangli bank and small industries development bank of india, bhopal, claiming reliefs that as m/s. ..... 1 had also asked the bank not to make payment to small industries development bank of india, but without consent and knowledge of the defendant no. ..... eicher motors limited and small industries development bank of india and duped the defendant no. ..... eicher motors limited and small industries development bank of india and two defective second hand old buses were supplied to the appellants. ..... the sangli bank not to make further payments towards the costs of the said two vehicles to the small industries development bank of india and m/s. ..... eicher motors limited and small industries development bank of india, bhopal. ..... first of all, it has to be taken note of that recovery of debts due to banks and financial institutions act, 1993 (hereinafter to be referred to as the 'act') was enacted by the parliament for expeditious adjudication and recovery of dues due to the banks and financial institutions and the original application filed by the sangli bank against the present appellants is for recovery of the bank's dues from the appellants. ..... 502/1995 before the national consumer disputes redressal commission, delhi, who in turn set aside the order of the state commission and remanded the matter back to the state commission for fresh hearing. .....