Judgment Search Results Home > Cases Phrase: small industries developement bank of india act 1989 section 4c issued capital Page 7 of about 1,163 results (0.231 seconds)

Mak Plastic (P.) Ltd. and anr. Vs. U.P. State Financial Corporation an ...

Court : Allahabad

Reported in : AIR2009All126; 2009(1)AWC579

..... (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 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).10. ..... after coming to know about such developments, we were constrained to reserve the delivery of judgment and intimated the parties as well as computer section of this high court to inform about the latest position, time and again however, we have come to know that the matter is still pending. ..... therefore, in totality, we are of the view that earlier judgment having binding effect upon us can prevail now and hence, by issuing notice to recover the amount as arrears of land revenue, the respondents have not committed any mistake.21. ..... having heard learned counsel for the parties, the pivotal question which arises for determination by this court in the instant case is as to whether in view of the provisions of section 32g of the state financial corporations act, 1951 (for short 'the corporation act, 1951'), the moneys due to the financial corporations (beyond rs. .....

M/S Super Sales Corporation and Others Vs. the Debt Recovery Tribunal ...

Court : Karnataka

..... 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 ..... recovery of the debt and/or the payment of interest is made by the drt under sub-section (22) the presiding officer would have to issue a certificate under his signature on the basis of the order of the tribunal to ..... -section (3) is issued fails to make payment in pursuance thereof to the recovery officer, he shall be deemed to be a defendant in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it was a debt due from him and the notice shall have the same effect as an attachment of a debt by the recovery officer in exercise of his powers under ..... . (iv) save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank, financial institution, or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for .....

Bank of Baroda Vaishali Branch, Jaipur at Jagdamda Tower, Amrapali Cir ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... 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 ), and the sick industrial companies (special provisions) act, 1985 (1 of 1986 ) and the small industries development bank of india act, 1989 ( 39 of 1989 ..... order on the following grounds: (i) while passing the impugned order, the fora below have committed a serious error of law in disregarding the legal position that under section 171 of the indian contract act, 1982 the bank had lien over the title deeds deposited by the complainant for realisation of the huge outstanding amount of rs.25 lakh approximately with interest and therefore had the right to ..... by depositing the title deeds, like original allotment letter, original certificate of allotment, original lease deed, all dated 23.05.2000 issued by the jaipur development authority in the name of the complainant duly registered with sub registrar jaipur i. ..... however, explained that on the request of the complainant, bank guarantee was issued by the deoli branch of the bank in the sum of rs.36.84 lakh which was got encashed on a requisition made by the assistant mining engineer tonk, and balance sum of rs.24,83,395/- alongwith interest has become due to the bank on that count which the complainant failed to clear and, .....

Aravind Ramachandra Anegundi Vs. Karnataka State Financial

Court : Karnataka Dharwad

..... (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 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)].. ..... (2) when the application is for the relief mentioned in clause (b) of sub- section (1) of section 31, the district judge shall grant an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment and issue a notice calling upon the industrial concern to show cause, on a date to be specified in the notice, why the management of the industrial concern should not be transferred to the financial corporation. ..... (3) before passing any order under sub-section (1) or sub- section (2) [or issuing a notice under sub-section (1a),]. ..... capital services ltd. .....

The Authorized Officer,indian Bank Vs. D. Visalakshi

Court : Supreme Court of India

..... it is also urged that the parliament in various acts, including the sick industrial companies (special provision) act, 1985 section 29, banking regulation act, 1949 section 45s, industrial reconstruction bank of india, 1984 section 51, national housing bank act, 1987 section 36 h, companies act, 1956 section 10fp, 10 companies act, 2013 section 429 and small industries development bank of india act, 1989 section 39, have enacted similar provisions empowering cmm/dm, for seeking ..... assistance in spite of the above notice and the authorised officer is, therefore, entitled to take possession of the secured assets under the provisions of sub section (4) of section 13 read with section 14 of the principal act; (ix) that the provisions of this act and the rules made thereunder had been complied with: provided further that on receipt of the affidavit from the authorised officer, the district magistrate or ..... new decision, because it has overruled the settled precedent and it has decided an issue of first impression, where at least one earlier case has not foreshadowed the overruling ..... also analysed the provisions of the 2002 act and noted that the object of the act is to achieve speedier recovery of the dues declared as non performing assets (npas), without the intervention of the tribunals or the courts and for quick resolution of disputes arising out of the action taken for recovery of such dues apart from making better availability of capital liquidity and resources to help in the .....

M/S Anita International Vs. Tungabadra Sugar Works Maz.Sangh and Ors.

Court : Supreme Court of India

..... (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 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). ..... the debts recovery tribunal and the district court entertaining an application under section 31 of the sfc act should issue notice to the liquidator and hear him before ordering a sale, as the representative of the creditors in general.18. ..... (iii) if a financial corporation acting under section 29 of the sfc act seeks to sell or otherwise transfer the assets of a debtor company-in- liquidation, the said power could be exercised by it only after obtaining the appropriate permission from the company court and acting in terms of the directions issued by that court as regards associating the official liquidator with the sale, the fixing of the upset price or the reserve price, confirmation of the sale, holding of the sale proceeds and the .....

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

Court : Mumbai

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

..... (2) the provision 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. ..... 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 by the board in this behalf, may apply to the ..... the preliminary submission revolve around the following issue whether miscellaneous petition for recovery of dues against defaulting borrowers, by the finance corporations, under the sfc act, need to be transferred to the debt recovery tribunal (drt) in view of section 31 of the recovery of debts due to banks and financial institutions act, 1993 (for short debt act 1993). .....

State Bank of India Vs. Jagdamba Medicos and ors.

Court : DRAT Delhi

Reported in : I(2003)BC53

..... acts which have been excluded from the purview of section 34 of the 'act' are the industrial finance corporation act, 1948, the state financial corporation 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 ..... the tribunal to award pendente lite and future interest and, therefore, the tribunal while awarding pendente lite and future interest could invoke the provisions of the code of civil procedure.section 22 of the act says that the tribunal shall not be bound by the procedure laid down by the code of civil procedure, that is to say, that the tribunal is not bound by such provisions of the ..... the issue at hand before the hon'ble supreme court was whether the concerned bank was entitled to pendente lite and future interest at the contractual ..... been served in this appeal and had also appeared, there would be no need for the tribunal below to issue fresh notices to the respondents.32. ..... the recovery of debts due to banks and financial institutions act, 1993 and the provisions of code of civil procedure relating to the grant of pendente lite and future interest will have to be seen and thereafter the law laid down by hon'ble the supreme court of india in respect of all those provisions will have to be looked into for its application on the issue in hand. ..... request was also permitted to make his submissions on the issue.7. .....

Rama Sinha (Smt.) and ors. Vs. Canara Bank and ors.

Court : DRAT Delhi

Reported in : I(2007)BC169

..... 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. ..... for proper appreciation, the provision under section 34(2) of the rddbfi act, 1993 is abstracted hereunder: 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. ..... in the light of the view taken by the hon'ble supreme court in patheja's case and the provisions under section 34 of the rddbfi act, 1953 it is difficult to deny the protection available under section 22 of sica in view of the ratio laid down by the hon'ble supreme court in patheja 's case. ..... and on that basis, the hon'ble supreme court held that the protection under section 22 cannot be extended to such of those parties who seek protection under the pradeshiya industrial & investment corporation of u.p. ..... counsel stated, in the present case, the issue raised before this tribunal is squarely covered by the decision of the hon'ble supreme court in patheja bros. ..... 1989 (39 of 1989)].kailash nath agarwal v.pradeshiya industrial & investment corporation of u.p. .....

Amrit Jal Ventures Private Limited Vs. Srei Infrastructure Finance Lim ...

Court : Kolkata

..... (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 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)].. ..... versus central bank of india & ors.reported at 2014 scc online cal 7924: (2014) 3 cal lj119 (2014) 4 icc704has been referred to emphasize that by reason of the fact that the disputes raised were capable of being canvassed in cours.of proceedings under section 19 of the rdb act, the dispute shall not be referred to arbitration. ..... :- the initiation of an arbitration proceeding on the basis of an arbitration clause in an agreement by appointment of an arbitrator at the instance of a borrower when a proceeding under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as the rdb act ) is pending before the debt recover tribunal, is the central issue in this application for appointment of an arbitrator. ..... the notice for commencement of the arbitration proceeding under section 21 was issued by the petitioner on 24th november, 2015. .....