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1 - 10 of 15 (0.93 seconds)Section 7 in The Indian Contract Act, 1872 [Entire Act]
Section 21 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
Anuj Jain Interim Resolution ... vs Axis Bank Limited on 26 February, 2020
76. When we look into the entire order passed by the Adjudicating
Authority, it is clear that all contention of both the parties have elaborately
been noticed. As noted above, the case of the Respondent No.1 was that
transactions, which are questioned by RP were transactions done in the
Company Appeal (AT) (Insolvency) Nos. 947, 1001 of 2021,
525, 526, 499, 612 of 2022 77
ordinary course of business. The learned Counsel for the Appellant has
referred to the judgment of the Hon'ble Supreme Court in Anuj Jain IRP
for Jaypee Infratech Ltd. v. Axis Bank Ltd. - (2020) 8 SCC 401, where
the Hon'ble Supreme Court had occasion to consider Section 43 and 44 of
the IBC. The Hon'ble Supreme Court has analyzed Section 43 of the Code
and has laid down following in paragraphs 21.1, 21.2, 21.3 and 21.4:
Section 27 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
The Sick Industrial Companies (Special Provisions) Act, 1985
Section 125 in The Indian Contract Act, 1872 [Entire Act]
Section 28 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
Section 12 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
H.I.W. WorkersÂ’ Union (Workers Union Of ... vs Nandakini Contractors Private Limited ... on 9 January, 2023
42. This Tribunal in the above cases held that improper voting share
ascribed to Financial Creditor has led to the liquidation of the Corporate
Debtor, which was not approved. Lastly, this Tribunal in Company Appeal
(AT) (Insolvency) No.42 of 2022 - Hindalco Industries Ltd. vs. Hirakud
Industrial Works Ltd. in paragraph 112 has again reiterated the same
proposition, which is to the following effect: