Search Results Page
Search Results
1 - 10 of 25 (0.86 seconds)Section 25 in The Companies Act, 1956 [Entire Act]
M/S Embassy Property Developments Pvt. ... vs The State Of Karnataka on 3 December, 2019
Therefore, the ratio laid down in Embassy
Property Developments [Embassy Property Developments
(P) Ltd. v. State of Karnataka, (2020) 13 SCC 308] may not
go to the rescue of the appellants in a case of this nature
where Energy Properties became the owner only on
account of the money paid by the corporate debtor and a
bundle of very valuable rights and interests in immovable
property was created thereafter in favour of the corporate
debtor.
Gujarat Urja Vikas Nigam Limited vs Amit Gupta on 8 March, 2021
14. It was clearly held by the Hon'ble Supreme Court that the judgment
relied in Gujarat Urja Vikas Nigam Ltd., Tata Consultancy Services Ltd.
and Embassy Property Developments (P) Ltd. (supra) were not attracted. In
the facts of the above case ("Victory Iron Works Limited), Resolution
Professional has filed the application to protect its possession, the NCLT was
held to have full jurisdiction and the said judgments fully support the
Respondent.
Tata Consultancy Services Ltd vs Vishal Ghisulal Jain Resolution ... on 24 June, 2020
In fact, the decision in Gujarat Urja Vikas
Nigam [Gujarat Urja Vikas Nigam Ltd. v. Amit Gupta,
(2021) 7 SCC 209 : (2021) 4 SCC (Civ) 1] was distinguished
in TATA Consultancy [TATA Consultancy Services
Ltd. v. SK Wheels (P) Ltd. (Resolution Professional), (2022)
Company Appeal (AT) (Insolvency) No.187 of 2026
17
2 SCC 583] (by the very same author), on the ground that
if the termination was on an ipso facto clause i.e. the fact
of insolvency itself, then NCLT will have jurisdiction, but
that there was no residuary jurisdiction for NCLT, if the
termination of a contract is based on grounds unrelated to
the insolvency."