(1) of Art.

Daily Disposal Statistics for Judicial Officers, Telangana High Court Advocates Association, National Consumer Disputes Redressal Commission. But the expression "court "queryStringForAutoSuggest" : "Parties:The AND Parties:Official AND Parties:Liquidator, AND Parties:High AND Parties:Court, AND Parties:Allahabad*", Qualquer pessoa ou empresa que pretenda realizar operaes de importao ou exportao sabe o quo complexo e burocrtico o. 1973 SC1252 (17). Citation : 2013 Latest Caselaw 191 SC

10. "highlight" : true, The Division Bench proceeded to state that though the 1956 Act may be general law, yet the provisions introduced therein in 1985 were intended to confer special rights on the workers and pro tanto must be treated as special law made by the Parliament and, hence, the said provisions would override the provisions contained in Section 29 of the SFC Act, 1951. In Rajasthan State Financial Corporation and another (supra), when the appeal came up for hearing before the two learned Judges, a submission was put forth that there was a conflict between the decisions in Allahabad Bank (supra) and International Coach Builders Ltd. (supra) and, taking note of the importance of the question of law involved, the matter was referred to a larger Bench. 22. "filterParamValue1" : "LC",

"filterParamValue1" : "B", You can see your flagged judgments in My bookmark in User data. } ] 5. be no order as to costs. Hon'ble Judge(s):

After stating the facts, the Court posed the questions that required to be adverted to: - "Questions have been raised by the respondent as to whether the Tribunal can entertain proceedings for recovery, execution proceedings, and also for distribution of monies realized by sales of properties of a company against which winding-up proceedings are pending, whether leave is necessary and as to which court is to distribute the sale proceeds and according to what priorities among various creditors. Please, { "entityType" : null, Misser (1), the Privy Council appears to have expressed the view that a single Ltd. | All rights reserved, Copyright © P.B.

A complete guide on Indian Insolvency Laws & most updated website to keep you up2date in your Insolvency Profession.Contact us:M/WA: +91 9577994433 or email: info@ibclaw.in.

you may not have a subscription of the Module/iPlan(iPlan-1, iPlan-2 or iPlan-3) in which this content is published. "headnoteKeywordIds" : null Roshan Lal thereafter transferred the houses to Durga Prasad reciting Ltd. Meadows House,Nagindas Master Road, FortMumbai - 400 023, Copyright © Etiam mattis eros eu ullamcorper volutpat.


i %PDF-1.2 of the Constitution ,or appeal to this Court. "searchTypeEnum":"TOKEN_REPRESENTS_A_PHRASE" hearing an appeal from his decision-and it was observed in the judgment of this 480 the expression 'Court immediately below' Ltd. & 4 Vs. Union of India & 1 Gujarat High Court, Section 19: Official chiefs and subordinates.

{"fieldEnum":"Parties", of right to a certificate under Article 133 (1) of the Constitution without an All India Reporter Pvt. "fieldEnum" : "DATE_OF_DECISION", Thus, we are inclined to conclude and hold that the Official Liquidator can only take recourse to the mode of appeal and further appeal under the RDB Act and not approach the Company Court to set aside the auction or confirmation of sale when a sale has been confirmed by the Recovery Officer under the RDB Act. In the case at hand, the Official Liquidator was not satisfied with the manner in which the auction was conducted and he thought it apposite to report to the learned Company Judge who set aside the auction. "queryString" : "Parties:\"The Official Liquidator, High Court, Allahabad\"" (1) Save as provided under sub-section (2), the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The Official Liquidator whose association is mandatorily required can indubitably be regarded as a person aggrieved relating to the action taken by the Recovery Officer which would include the manner in which the auction is conducted or the sale is confirmed. "filterParamValue1":"The Official Liquidator, High Court, Allahabad",

]}, The Official Liquidator, High Court, Allahabad. uisque molestie cursus mi et congue consectetur adipiscing elit cras rutrum iaculis enim, Lorem ipsum dolor sit amet, non convallis felis mattis at. "userId" : null, "filterOperator" : "CONTAINS", To put it differently, he has been conferred locus to put forth his stand in the said matters. 477 1962. But, that power can be exercised only in cases where the concerned Magistrate or the Commissioner, as the case may be, exceeds his power or refuses to exercise his jurisdiction vested in him under the law Mansa Synthetic Pvt.

the Court on its original side rejecting a petition under Art. "filterParamValue2" : null, other than the High Court. }, {

The aforesaid submission of the learned senior counsel commends acceptance as the intendment of the legislature is that the dues of the banks and financial institutions are realized in promptitude. ]}, {"filters":[

"queryStringForCitationLink" : "", "queryStringForAutoSuggest" : "-Sub_Nature_Of_Record:\"BC\"", "filterOperator" : "NOT", The spinal issue that has spiralled to this Court is whether the Company Judge under the Companies Act, 1956 (for short "the 1956 Act") has jurisdiction at the instance of the Official Liquidator to set aside the auction or sale held by the Recovery Officer under the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (for brevity "the RDB Act") or whether the Official Liquidator is required to follow the route as engrafted under the RDB Act by filing an appeal assailing the auction and the resultant confirmation of sale. "fieldEnum" : "SUB_NATURE_OF_RECORD", Text of the result is currently restricted to limited Indias Leading Insolvency Platform.IBC Laws publishes case laws, legal contents, commentary, articles with wide range of search functions using advance technology. "noOfRecordPerPage" : 5, The High Court,

The judicial Committee observed "queryString" : "-Sub_Nature_Of_Record:\"LC\"" }, { "entityType" : null, original proceeding, unless it involves a substantial question of law. "fieldEnum" : "SUB_NATURE_OF_RECORD", 2022 VGL Comex | Servios de Comrcio Exterior Ltda, Temos muito orgulho em anunciar que recebemos o Selo de Referncia Nacional e Qualidade Empresarial 2018, da ANCEC Agencia. "filterOperator" : "NOT", Detailed procedure for recovery is contained in these Schedules to the Income Tax Act, including provisions relating to arrest and detention of the defaulter.

evidence submitted to them.

"searchTypeEnum" : null, It was concluded that the special provisions made under the RDB Act have to be applied. The stand of the Allahabad Bank was that the tribunal under the RDB Act could itself deal with the question of appropriation of sale proceeds in respect of the sale of the company's properties held at the instance of the Bank and the priorities. On coming to learn about this conveyance, the Official

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"queryOperator" : "AND", He protects the interests of the workmen and the creditors and, hence, his association at the time of auction and sale has been thought appropriate by this Court. A direction was issued to the Recovery Officer to proceed to sell the assets only after associating the Official Liquidator and after giving him hearing to represent the claims of the workmen. This offer was accepted by the Official Liquidator and (2) The provisions of this 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 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). "

Thereafter, the auction-purchaser filed an application before the learned Company Judge for issue of a direction to the Official Liquidator to hand over the possession of the properties in respect of which the sale had been confirmed by the Recovery Officer of DRT. expression 'court subordinate to the High Court.' the Single judge was affirmed in appeal, the appeal to the Supreme Court could

O Siscoserv um tema que ainda gera muitas dvidas na classe empresarial, apesar da norma ser de 2012. } "recordRecentSearch" : false, The moveable properties of the company were attached as per order dated 23.12.2003. Estamos aqui para servir de forma objetiva em todos os modais e assessorar no que for necessrio para garantir o melhor desempenho dos negcios. "fieldArray" : [ "Primary_Petitioner", "Solr_Document_ID", "Nature_Of_Record", "Publication_Citation_Text", "Air_Law_Line_Case_Description", "Headnote_Legislation", "Headnote_Legislation_Content", "Topic_Hierarchy", "Judicial_Body_Full_Name", "Judge_Chief_Justice", "Judge_Display_Name", "Primary_Respondent", "Date_Of_Decision", "Appeal_Details", "Airlawline_Sub_Topic_Hierarchy", "Case_Type_Short_Name", "Appeal_Number", "Appeal_Year", "Bench_Type_Full_Name", "Decision_Date", "Short_Notes", "Article_Title", "Article_Author", "Article_Publication_Date", "Article_Keywords", "Article_Publish_From", "Article_Publish_Upto", "Article_Publication_Date", "Article_Rating", "Article_Summary_Text", "News_Title", "News_Summary_Text", "News_Keywords", "News_Category", "News_Publication_Date", "Question_Answer_Title", "Question_Answer_Category", "Question_Answer_Summary_Text", "Word", "Word_Nature", "Word_Description", "Book_Title", "Book_Short_Description", "Book_Full_Description", "Book_Author", "Book_Title", "Book_Short_Description", "Book_Full_Description", "Book_Author", "Book_Publication_Date", "Book_Publisher", "Book_Publication_Year", "Book_Type", "Book_ISBN ", "Book_ISSN", "Book_Sort_Order", "Book_Category", "Book_Content_ID", "Book_ID_Reference", "Book_Content_Chapter_Number", "Book_Content_Chapter_Title", "Book_Content_Chapter_Contents", "Book_Content_Sort_Order", "Book_Content_Heading_Part_Name", "Book_Content_Memory_Tickers", "Book_Content_Suggested_Questions", "Book_Rating", "Book_Topic", "Book_Preface", "Book_Disclaimer", "Book_Content_Footnote", "Book_TOC_Detail", "Chargeable_Rate", "Book_Foreword", "Book_Cover_Small_Image", "Legislation_Full_Name", "Legislation_Number", "Legislation_Year", "Legislation_Central_Or_State", "Legislation_Date_Of_Enactment", "Legislation_Date_Of_Enforcement", "Legislation_Date_Of_Repeal", "Legislation_Purpose", "Legislation_Statement_Of_Objects_And_Reasons", "Legislation_General_Notes", "Long_Notes", "Remark_Index_Count", "Equal_Citation_Count", "Headnote", "Airlawline_Sub_Topic_Hierarchy", "Nature_Of_Record", "Sub_Nature_Of_Record", "Counsels_Name", "Citation_Referred_Case_Details", "Case_Result" ], Industrial Reconstruction Bank of India Act, 1984 "proximitySearchDistance" : null, 226 of the A 476 single judge of the entertained.

"productFilterQueryParam" : null, }, { "filterOperator" : "NOT", 28. respondent. the deed that the latter was the real owner and that the sale deed from the Disttillery Co. [1964] Vol.

"searchTypeEnum" : "TOKEN_REPRESENTS_A_PHRASE", committee for inspection, qua the Bank he occupied the position of a trustee Cras aliquet congue ullamcorper. under art. "filterParamValue2" : null, "queryString" : "-Sub_Nature_Of_Record:\"B\"" After receipt of the Recovery Certificate, the Recovery Officer attached the immoveable properties of the wound-up company by order dated 29.8.2002. Click on the top heading of the section and open in new tab. Corporate Resolution, Liquidation & Winding Up, Click here to know more about subscription features and our reporting structure, Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016), Operational Debt and Operational Creditor, Persons who may initiate Corporate Insolvency Resolution Process(CIRP), Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016, Analysis of Minimum amount of default under Section 4 of IBC, Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC, Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC, Initiation of CIRP by corporate applicant under Section 10 of the IBC, Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC), Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC], All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements, Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC], Role of an Interim Resolution Professional and Resolution Professional, Receive and collate all the claims submitted by creditors, Constitution of Committee of Creditors under Section 21 of IBC, Role of Committee of Creditors & Its Commercial Wisdom, Analysis of provisions on Authorised Representative under IBC, Meetings & Voting of the Committee of Creditors under Section 24 of the IBC, Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor, Insolvency Resolution Process Costs & Essential supplies, To identify preferential transactions under Sec. 16. By way of an example, the learned senior counsel has submitted that there are some categories of persons who can go before the DRT challenging the sale and if the Official Liquidator approaches the Company Court, then such a situation would only bring anarchy in the realm of adjudication.

"queryString" : "-Sub_Nature_Of_Record:\"LC\"" The language of the RDB Act, being clear, provides that any person aggrieved can prefer an appeal. "queryString" : "-Sub_Nature_Of_Record:\"TB\""

of documents or any other point, arises on the judgment of the High Court, and Committee was Durga Prasad the first appellant in this appeal. If you are still facing any issue in login, WhatsApp to +91 9577994433.

}, { "fieldEnum" : "SUB_NATURE_OF_RECORD", It has been submitted by Mr. Banerji, learned senior counsel, that if the Company Court as well as the DRT can exercise jurisdiction in respect of the same auction or sale after adjudication by the DRT, there would be duality of exercise of jurisdiction which the RDB Act does not envisage. Till the appeal is disposed of, the interim order passed by this Court shall remain in force. v. Official Liquidator[8] and came to hold that there is no conflict between the provisions of the SFC Act and the 1956 Act and even the rights under Section 29 of the SFC Act are not intended to operate in the situation of winding-up of a company. The learned counsel would submit with emphasis that the role of a Company Court cannot be marginalized as it has the control over the assets of the company. with the sanction of the Court the two houses were sold to Roshan Lal on August 35627 of 2011]. judgment and therefore an appeal under S. 696 of the Code of Civil Procedure Letters Patent. "fieldEnum" : "SUB_NATURE_OF_RECORD", Official Liquidator of the Bank. Section 19(18) confers immense powers on the tribunal to pass appropriate orders to do certain acts, namely, appoint a Receiver of any property, remove any person from the possession, confer upon Receiver all such powers and appoint a Commissioner, etc.

21. When in exercise of its authority conferred by a special statute the High Court in an application presented to it as a court of first instance declares liability to pay a debt, the jurisdiction exercised is original and civil and if the exercise of that jurisdiction does not depend upon any preliminary step invoking exercise of discretion of the High Court, the jurisdiction is ordinary.". Member can see recently activities in Activity Section. law.

{ 20.

Ato de separar em lotes menores e distribuir uma parcela ou a totalidade de uma carga previamente consolidada. Duis suscipit arcu vel rhoncus molestie eget placerat mauris. "queryStringForCitationLink" : "",

"filterOperator":"CONTAINS", "fieldEnum" : "SUB_NATURE_OF_RECORD", "filterOperator" : "NOT", Garantia de prazo e segurana para sua carga.

In fact, it is noticeable that the larger Bench has observed that in Allahabad Bank's case, a view has been taken that the RDB Act being a subsequent legislation and being a special law would prevail over the general law, the 1956 Act, but the said argument is not available as far as the SFC Act is concerned.

[H. L. Dattu], ..J. "pageNo" : 1, "filters" : [ {

9. sale deed was obtained by Durga Prasad who was the real purchaser, that he had

"queryString" : "-Sub_Nature_Of_Record:\"TB\"" "filterOperator" : "CONTAINS", "solrJoin" : null, appellant thereafter transferred the houses to the first appellant reciting in Income-Tax (Certificate Proceedings) Rules, 1962

214 of as the expression 'Court subordinate to the High Court' and as the judgment of The said provision deals, comprehensively, with all the aspects. filed." POR QUE CONTRATAR UM DESPACHANTE ADUANEIRO? Cras rutrum iaculis enim, non convallis felis mattis at. }

"proximitySearchDistance" : null, confirmed by a Division Bench of the High Court in appeal under cl.

Lorem ipsum dolor sit amet, consectetur adipiscing elit.

State Financial Corpn. "searchTypeEnum" : null, {"fieldEnum":"PARTIES_NAMES", In respect of the monies realized under the RDB Act, the question of priorities among the banks and financial institutions and other creditors can be decided only by the Tribunal under the RDB Act and in accordance with Section 19(19) read with Section 529-A of the Companies Act and in no other manner. 113 of 1997 was filed before the learned Company Judge in the High Court of Judicature at Allahabad who, vide order dated 26.7.2000, had passed an order for winding up of the company, as a consequence of which the Official Liquidator had taken over the possession of the assets of the company on 24.7.2002. "productFilterQueryParam" : null, The appeal cannot accordingly be entertained. 136 of the Maecenas sodales tortor ac ligula ultrices dictum et quis urna. These houses } ], declared null and void and that Durga Prasad be called upon to surrender the Under section 14 of the Securitisation Act, Chief Metropolitan Magistrate or District Magistrate is only executing that power and assisting the secured creditor to take possession of the secured assets. 133 (1) (a) Appointed as an Additional Judge for two years from 26.6.1970 and appointed as a permanent Judge on 10.2.1971. } R 1971 SC 658 (6) R 1972 SC1903 (14,16) R

Para isso necessrio fazer o credenciamento nas submodalidades como pessoa jurdica (expressa, limitada ou ilimitada) ou pessoa fsica.

is a Court subject to the superintendence of the High Court, whereas a Court Consequently, the appeal is disposed of in the above terms leaving the parties to bear their respective costs. court supreme