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1 - 9 of 9 (0.32 seconds)Anuj Jain Interim Resolution ... vs Axis Bank Limited on 26 February, 2020
46. The Learned Senior Counsel for the 3rd Respondent cites the Hon'ble
Supreme Court decision in Anuj Jain V. Axis Bank Ltd for the proposition
that one composite application cannot survive with allegations of fraudulent
transactions and preferential transactions. Also that the application before
the 'Adjudicating Authority' was filed under Section 43/44 of the Code and
that the ambit of enquiry is limited to a preferential transaction.
Section 44 in The Companies Act, 2013 [Entire Act]
Section 63 in The Companies Act, 2013 [Entire Act]
Section 77 in The Companies Act, 2013 [Entire Act]
K.L. Jute Products Pvt. Ltd vs Tirupati Jute Industries Ltd. & Ors on 20 February, 2020
25. The Learned Senior Counsel for 2nd Appellant refers to the judgement
of this Tribunal in K.L. Jute Products Pvt Ltd V. Tirupati Jute Inds Ltd (vide
Comp App (AT)(Ins) No. 277/2019), in regard to the plea of the 3rd Respondent
in respect of Regulation 35A of the CIRP Regulations.
The Right to Information Act, 2005
M/S Venus Recruiter Private Limited vs Union Of India And Ors. on 26 November, 2020
34. The Learned Senior Counsel for the 2nd Respondent (vide Comp App
(AT)(CH)(ins) No.1/2022) and 1st Respondent (vide Comp Appl (AT)(CH(Ins)
No.9/2022 i.e. South (India) Hotels Pvt Ltd) adverts to the decision in Venus
Recruiters Pvt Ltd V. Union of India & Others, reported in 2020 SCC Online
Del 1479 wherein it is observed that an Avoidance Application is meant to
give some benefit to the creditors of the Corporate Debtor and not the
Resolution Applicant and further it is held that the benefit of Avoidance
Transaction cannot go to the Resolution Applicant and the Resolution
Applicant cannot prosecute an Avoidance Application.
Volkswagen Finance Private Limited vs Shree Balaji Printopack Pvt. Ltd. on 7 January, 2021
23. The Learned Senior Counsel for the 2nd Appellant brings it to the notice
of this 'Tribunal' that the 'Adjudicating Authority' had not considered the plea
where the charge is not registered, such creditor cannot be treated as a
'secured creditor' for the purpose of the 'Code' and resultantly the Share
Pledge Agreement could not have been relied upon as creating a 'Security
Interest' by the 'Adjudicating Authority', as per decision of this Tribunal in
Company Appeal (AT)(CH)(Ins) No.1/2022 and 9/2022
9
Volkswagon Finance Pvt Ltd V. Shree Balaji Printopack Pvt Ltd (vide Comp
App (AT)(Ins) No.02/2020).
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