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COAPP/32/2016 on 6 March, 2020 cites

Bank Of Maharashtra vs Pandurang Keshav Gorwardkar & Ors on 7 May, 2013

12. The Apex Court in its judgment dated May 7, 2013, in Bank of Maharashtra v. Pandurang Keshav Gorwardkar & others, (2013) 7 SCC 754, has held that relevant date for arriving at the ratio at which the sale proceeds are to be disbursed amongst the Workmen and Secured Creditors of the debtor company, is the date of winding up order and not the date of sale.
Supreme Court of India Cites 78 - Cited by 45 - R M Lodha - Full Document

Allahabad Bank vs Canara Bank & Another on 10 April, 2000

64. The second class of secured creditors referred to above are those who come under S. 529A(1)(b) read with proviso (c) to section 529(1). These are those who opt to stand outside the winding up to realise their security. Inasmuch as section 19(19) permits distribution to secured creditors only in accordance with section 529A, the said category is the one consisting of creditors who stand outside the winding up. These secured creditors in certain circumstances can come before the Company Court (here the Tribunal) and claim priority over all other creditors for release of amounts out of the other monies lying in the Company Court Page 18 of 44 ::: Downloaded on - 06/03/2020 20:27:14 :::HCHP Co. Applications No.32/2016, 35/2016, 7/2018, 13/2018, 16/2018, 17/2018, 21/2018, 22/2018 and 23/2018 in Company Petition No.7 of 2001 (here, the Tribunal). This limited priority is declared in section 529A(1) but it is restricted only to the extent specified in clause (b) of section 529A(1). The said provision refers to sub-clause
Supreme Court of India Cites 81 - Cited by 627 - M J Rao - Full Document

Jitendra Nath Singh vs Official Liquidator & Ors on 21 September, 2012

In Jitendra Nath Singh's case supra, a Secured Creditor has only a charge over a particular property or assets of a Company whereupon Secured Creditor is holding mortgage, charge or lien as a security for a debt due to him from the debtor and where a creditor, such as a Bank or Financial Institution, does not hold a mortgage, charge or lien on the property of the Company or any part thereof as a security for a debt due to it from the Company, it is not 'Secured Creditor' for the purposes of Sections 529 and 529A of the Companies Act (See: Para-8).
Supreme Court of India Cites 43 - Cited by 37 - S Kumar - Full Document
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