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Companies Act, 1956

706 judgments · newest first · showing 1–200

A. W. FABER-CASTELL (INDIA) PVT. LTD.,versusPUMA STATIONERY PRIVATE LIMITED.

Disposed of

A.W. Faber‑Castell (India) Pvt. Ltd. filed a winding‑up petition against Puma Stationery Private Ltd., alleging that the company failed to pay dues of Rs.4,70,02,812 despite statutory notice under Section 434 of the Companies Act, 1956, and that it had no assets after a fire. The company was served …

M/S. PUMA STATIONERY PRIVATE LIMITED. THR OFFICIAL LIQUIDATORversusNO PARTY

Disposed of

A.W. Faber‑Castell (India) Pvt. Ltd. filed a winding‑up petition against Puma Stationery Private Ltd., alleging that the company failed to pay dues of Rs.4,70,02,812 despite statutory notice under Section 434 of the Companies Act, 1956, and that it had no assets after a fire. The company was served …

ADISHAKTI GRIHNIRMAN PVT. LTD.versusTHE STATE OF MAHARASHTRA

DISPOSED OFF

The Bombay High Court examined a protracted slum‑rehabilitation scheme on about 66,000 sq m of State land in Chembur, where Ruparel Buildcon Pvt. Ltd. was appointed as developer under consent terms signed in March 2021. The consent terms settled disputes among earlier developers and the federation …

AXIS FINANCE LIMITEDversusINSPIRA ENTERPRISE INDIA LIMITED

REJECTED

The applicant, Axis Finance Ltd., sought appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, alleging defaults by the respondent, Inspira Enterprise India Ltd., under a term‑loan agreement dated 22 Nov 2022. The dispute centred on whether Clause 14.5 of the …

RUPAREL BUILDCON PRIVATE LIMITEDversusTHE STATE OF MAHARASHTRA AND 20 ORS

DISPOSED OFF

The Bombay High Court examined a protracted slum‑rehabilitation scheme on about 66,000 sq m of State land in Chembur, where Ruparel Buildcon Pvt. Ltd. was appointed as developer under consent terms signed in March 2021. The consent terms settled disputes among earlier developers and the federation …

Sonam Manjeet JethversusThe State of Maharashtra

DISPOSED OFF

The Bombay High Court examined a protracted slum‑rehabilitation scheme on about 66,000 sq m of State land in Chembur, where Ruparel Buildcon Pvt. Ltd. was appointed as developer under consent terms signed in March 2021. The consent terms settled disputes among earlier developers and the federation …

KAKAD CO-OP HSG. SOC. LTD AND ORS.versusMURZBAN NUSSERWANJI KHARIWALA AND ORS.

Disposed Off

The applicants, who were original defendants in a suit filed by Kakad Co‑operative Housing Society Ltd., sought a civil revision under Section 115 of the CPC to set aside the City Civil Court’s order rejecting their Order VII‑Rule 11 application that the suit should be dismissed as barred. The suit …

WHITE ORCHID CO-OPERATIVE HOUSING SOCIETY LIMITEDversusMURZBAN NUSSERWANJI KHARIWALA

Disposed Off

The applicants, who were original defendants in a suit filed by Kakad Co‑operative Housing Society Ltd., sought a civil revision under Section 115 of the CPC to set aside the City Civil Court’s order rejecting their Order VII‑Rule 11 application that the suit should be dismissed as barred. The suit …

Zee Learn LimitedversusSANGAM LOK KALYAN SHIKSHA SAMITI

DISPOSED OFF

The petitioner, Zee Learn Ltd., filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction against the respondent, Sangam Lok Kalyan Shiksha Samiti, for unauthorised use of its registered trademarks “MOUNT LITERA” and “MOUNT LITERA ZEE SCHOOL”. …

NIKHIL HASMUKH MALKANversusSTANDARD CHARTERED INVESTMENT AND LOANS (INDIA) LTD

DISMISSED

The petitioners, who had taken a Rs 10 crore term loan from Standard Chartered Investment and Loans (India) Ltd secured by 1,85,000 Reliance Industries shares, alleged that the bank illegally sold 65,000 pledged shares on 19 March 2020 without the two‑day notice required under their loan agreement. …

P. PRABHAKARANversusASHOK KISANDA SUGANDHI ( DECEASED )

Disposed Off

The appellant, a director of a company, challenged a district court judgment that declared a sale deed dated 19 June 2001, executed by the deceased plaintiff in his capacity as director, to be null and void. The appeal raised two substantive questions: whether the legal heirs of the deceased could …

P. PRABHAKARANversusASHOK KISANDA SUGANDHI ( DECEASED ) AND ORS

Disposed Off

The appellant, a director of a company, challenged a district court judgment that declared a sale deed dated 19 June 2001, executed by the deceased plaintiff in his capacity as director, to be null and void. The appeal raised two substantive questions: whether the legal heirs of the deceased could …

UFO Moviez India LtdversusRedOchre Post Work LLP

DISPOSED OFF

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim protection over a Christie projector supplied by UFO Moviez India Ltd to ReadOchre Post Work LLP, for which a substantial portion of the purchase price remained unpaid and post‑dated cheques were …

Anthony Maurice LopesversusSTATE OF MAHARASHTRA

Dismissed

The applicant, Vaishali Anil Tikam, was convicted under Section 630(1)(b) of the Companies Act, 1956 for wrongfully withholding a company‑owned residential premises that had been allotted to his father, an employee, and which he continued to occupy after his father's retirement and death. The …

ITC LIMITEDversusMETROPOLITAN STOCK EXCHANGE

DISPOSED OFF

The Bombay High Court considered ITC Limited’s writ petition challenging two communications issued by the Metropolitan Stock Exchange (MSE) and Jupitice Justice Technology Private Ltd. under SEBI’s Online Dispute Resolution (ODR) framework. ITC argued that MSE lacked jurisdiction because its …

HOUSE OF DUBARYversusTHE OFFICER LIQUIDATOR OF HANSPA KNIT (P) LTD.,

46-ANY OTHER MODE @ FH

The Gujarat High Court heard cross‑appeals arising from Special Civil Suit No. 120 of 1979 in which Hanspa Knit (P) Ltd., a company in liquidation, sought recovery of export proceeds from House of Dubary and its partners (defendants 1‑4) and other parties. The trial court had partially allowed the …

OFFICER LIQUIDATOR OF HANSPA KNIT (P) LTD.versusHOUSE OF DUBARY

46-ANY OTHER MODE @ FH

The Gujarat High Court heard cross‑appeals arising from Special Civil Suit No. 120 of 1979 in which Hanspa Knit (P) Ltd., a company in liquidation, sought recovery of export proceeds from House of Dubary and its partners (defendants 1‑4) and other parties. The trial court had partially allowed the …

M/s Shristi Developers Pvt Ltd.versusThe State of Bihar

DISPOSED

M/s Shristi Developers Pvt Ltd filed a writ petition seeking a mandamus directing the State of Bihar and its commercial tax officials to refund excess VAT of Rs.45,76,865 paid for assessment years 2007-08 to 2010-11, with interest. The respondents argued that under the Bihar Settlement of Tax …

Bindeshwar ChoudharyversusThe State of Bihar

DISPOSED

The petitioner, Bindeshwar Choudhary, filed a writ petition in the Patna High Court seeking the payment of a claim of Rs.1,68,093 against the Bihar State Small Industries Corporation Ltd., which is under liquidation. The Official Liquidator had admitted the amount on a pro rata basis and rejected …

SHANTADEVI RAMDHANI YADAVversusM/S. PASHMINA REALTY PRIVATE LIMITED

Disposed Off

The appellant, Mrs. Shantadevi Yadav, sought interim relief for arrears of transit rent and specific performance of two Permanent Alternate Accommodation Agreements with the respondent, Pashmina Realty Pvt. Ltd., alleging the respondent had failed to pay rent after she handed over possession of two …

SOURYA ESTATES PRIVATE LIMITED COMPANYversusSTATE OF U.P. AND 3 OTHERS

Sourya Estates Private Limited, a company registered under the Companies Act, 1956, owned one‑third shares in two plots that were acquired by the government and an award for compensation was made on 30‑12‑2023. The company filed a writ petition seeking the disbursement of the awarded compensation, …

PRIMEZONE DEVELOPERS PRIVATE LIMITEDversusTHE STATE OF MAHARASHTRA AND ORS.

Disposed Off

Primezone Developers Ltd., a real‑estate company, had its two residential projects attached under the Maharashtra Protection of Interest of Depositors (MPID) Act after alleged money‑laundering by its former chairman, Mr. Ranjeev Agarwal, who had invested tainted NSEL funds into the company. The …

DR. BAIS SURGICAL AND MEDICAL INSTITUTE PVT. LTD & ORS.versusDHANANJAY PANDE

2026 INSC 447Dismissed

The dispute arose when Dhananjay Pande (respondent No.1) invested substantial funds in Dr. Bais Surgical and Medical Institute Pvt. Ltd and was appointed Managing Director, but the company failed to enter his name in the register of members despite allotting shares. Pande filed petitions under …

SHAHAJI MADHUKAR JADHAVversusALICON CASTALLOY LTD.

Disposed Off

The petitioners, former employees of Alicon Castalloy Ltd., challenged their termination on grounds of alleged submission of a forged B.A. certificate. They argued that the departmental enquiry denied them the right to legal representation, relied on an unexamined handwriting expert report, and …

Johnson Paints Co.versusJohnson Paints Private Limited

ALLOWED

The appellant, Johnson Paints Co., a partnership firm, claimed continuous use of the trademark “JOHNSON” since 1987 and sought an interim injunction against Johnson Paints Pvt. Ltd. for alleged passing off. The respondent, incorporated in 2009, asserted rights based on a series of assignment deeds …

M/s Alex Green Energy Pvt. Ltd.versusThe State of Bihar

DISPOSED

M/s Alex Green Energy Pvt. Ltd., a solar power developer, purchased about 56 acres of land in Banka, Bihar and obtained mutation of the land in its name, resulting in Jamabandi No. 114. The company applied for a Lease Permission Certificate (LPC) to install a solar plant, but the revenue authorities …

M/S.MAHINDRA UGINE STEEL CO. LTD.versusSHREE SHAKTI MILLS LTD.

DISPOSED OFF

In a petition under the Companies Act, 1956 concerning M/s Shree Shakti Mills Ltd., the petitioner, represented by Mr. Amit Shethi, claimed that a large number of workers' dues had been paid back and that he possessed assignment documents in his favour for those claims. The Official Liquidator, Mr. …

ASPINWALL AND CO. LTD.versusINSPECTING ASSISTANT COMMISSIONER

2026 INSC 359Dismissed

Aspinwall & Co. Ltd. amalgamated with Pullangode Rubber & Produce Co. Ltd., with the scheme approved in 2006 and the appointed date set as 01‑01‑2006. The appellant sought to set off the accumulated losses of the amalgamating company against its own income under the Kerala Agricultural Income Tax …

KAMILI PACKERS LTDversusHIYA OVERSEAS PVT. LTD.

38-RULE ABSOLUTE/ALLOWED @ FH

KAMILI PACKERS LTD, a Kenyan exporter, filed a petition under Sections 433, 434 and 439 of the Companies Act, 1956 seeking the winding up of Hiya Overseas Pvt. Ltd. for failure to pay outstanding invoices of US$1,079,133. The petitioner served a statutory notice of demand, which the respondent …

VINOD KUMARversusSTATE OF U.P.

Vinod Kumar, an accused in a large economic‑offence case involving alleged fraud under the Companies Act, RBI Act, Prize Chits Act and several IPC sections, has been in judicial custody since June 2019. The charge sheet has not yet been framed due to the non‑appearance of numerous co‑accused lodged …

VINAY SHANKAR LALversusSTATE OF U.P.

The High Court considered a bail application filed by Vinay Shankar Lal, who was in custody for alleged offences under Sections 406, 419, 420, 467, 468, 504 and 506 IPC arising from a chit‑fund fraud case. The applicant contended that he was falsely implicated, not named in the FIR, and that his …

RAJ KUMARI JAINversusTHE CUSTODIAN AND ORS.

DISPOSED OFF

The 85‑year‑old applicant sought certification of 600 shares of Reliance Petrochemicals Ltd., alleging she purchased them in cash from a broker in June 1992 but could not obtain transfer due to statutory attachment under the Special Courts (Trial of Offences Relating to Transactions in Securities) …

SANIL SUTHARversusGAURAV SONI

53-ALLOWED / GRANTED @ ADM.STAGE

The petitioner, Sanil Suthar, filed a special civil application under Articles 226 and 227 of the Constitution and the Companies Act, 1956 seeking to set aside a penalty of Rs.50,000 imposed by the National Company Law Tribunal (NCLT) for the non‑appearance of counsel. The penalty was ordered on …

Arena Food and Agro Industries Private LimitedversusThe State of Bihar

ALLOWED

Arena Food & Agro Industries Pvt. Ltd. challenged the State of Bihar’s demand for additional royalty on a stone‑mining lease that was awarded by public auction. The company argued that the auction amount of Rs 29 crore was itself the royalty and that it had not exceeded the production ceiling fixed …

Arena Food and Agro Industries Private LimitedversusThe State of Bihar

DISPOSED

Arena Food & Agro Industries Pvt Ltd obtained a stone mining lease in Bihar through a public auction for Rs 29 crore for the period 2017‑2022 and paid the auction amount plus a small royalty. The State authorities later demanded an additional royalty of Rs 6.25 crore, asserting that the value of …

OFFICIAL LIQUIDATOR OF VARIOUS COMPANIES (IN LIQUIDATION)versusNA

DISPOSED OFF

The Official Liquidator discovered a fixed deposit of Rs.3.40 crore held with Bank of India in its own name, but could not determine which liquidated company the funds belonged to. The liquidator sought the court's permission, under Rule 9 of the Companies (Court) Rules, 1959, to prematurely …

Ircon International Ltd.versusThe State of Bihar and Ors

DISMISSED

The Patna High Court considered four writ applications filed by Ircon International Ltd. seeking refunds of taxes and penalties imposed under the Bihar Value Added Tax Act, 2005, including a Rs 18.52 crore recovery under Section 47, and smaller refunds for the years 2005‑06, 2006‑07 and 2011‑12 …

M/s Kunal HousewaresversusThe State of Bihar

DISMISSED

M/s Kunal Housewares challenged its disqualification from a government tender (NIT No. ICDS‑01‑25‑26) for supplying utensils, alleging violation of natural justice because the technical evaluation report of IIT Patna was not explained and the petitioner was not given a fair opportunity. The State …

Ircon International Ltd.versusThe State of Bihar

DISMISSED

The Patna High Court considered four civil writ applications filed by Ircon International Ltd. seeking refunds of amounts recovered under the Bihar Value Added Tax Act, 2005, including a Rs 18.52 crore recovery under Section 47 and smaller refunds for the years 2005‑06, 2006‑07 and 2011‑12. The …

Ascensive Educare Ltd.versusThe State of Bihar

DISPOSED

Ascensive Educare Ltd., a company incorporated under the Companies Act 1956, filed a writ petition seeking a certiorari to quash a letter dated 27.11.2025 that blacklisted the company for two years. The petitioner argued that the blacklisting was done without considering its representation and …

AXIS TRUSTEES SERVICES LTDversusOFFICIAL LIQUIDATOR OF THE HIGH COURT BOMBAY

DISPOSED OFF

The High Court examined an interim application filed by Axis Trustees Services Ltd seeking (a) production of documents by Novelty Power & Infratec Ltd concerning ownership of the 4th floor of Elder House, (b) hand‑over of possession of that floor to the Official Liquidator, and (c) appointment of a …

MOTHER DAIRY FRUIT AND VEGETABLE PVT LTDversusKETANKUMAR MAGANBHAI PATEL

38-RULE ABSOLUTE/ALLOWED @ FH

Mother Dairy Fruit and Vegetable Pvt Ltd, a company engaged in dairy and food processing, terminated the services of several long‑serving employees after closing its Anand plant and transferring them to distant locations, which the employees refused to join. The employees accepted terminal dues but …

MOTHER DAIRY FRUIT AND VEGETABLE PVT LTDversusMAHESHBHAI GOVINDBHAI PATEL

38-RULE ABSOLUTE/ALLOWED @ FH

Mother Dairy Fruit and Vegetable Pvt Ltd, a company engaged in dairy and food processing, terminated the services of several long‑serving employees after closing its Anand plant and transferring them to distant locations, which the employees refused to join. The employees accepted terminal dues but …

MOTHER DAIRY FRUIT AND VEGETABLE PVT LTDversusDILIPBHAI BHAGVANSINH PADHIYAR

38-RULE ABSOLUTE/ALLOWED @ FH

Mother Dairy Fruit and Vegetable Pvt Ltd, a company engaged in dairy and food processing, terminated the services of several long‑serving employees after closing its Anand plant and transferring them to distant locations, which the employees refused to join. The employees accepted terminal dues but …

MOTHER DAIRY FRUIT AND VEGETABLE PVT LTDversusABDULRAJJAK Y VHORA

38-RULE ABSOLUTE/ALLOWED @ FH

Mother Dairy Fruit and Vegetable Pvt Ltd, a company engaged in dairy and food processing, terminated the services of several long‑serving employees after closing its Anand plant and transferring them to distant locations, which the employees refused to join. The employees accepted terminal dues but …

MOTHER DAIRY FRUIT AND VEGETABLE PVT LTDversusPRAVINSINH HARISINH VAGHELA

38-RULE ABSOLUTE/ALLOWED @ FH

Mother Dairy Fruit and Vegetable Pvt Ltd, a company engaged in dairy and food processing, terminated the services of several long‑serving employees after closing its Anand plant and transferring them to distant locations, which the employees refused to join. The employees accepted terminal dues but …

DIPAKKUMAR GIRDHARLAL DOSHIversusNATIONAL TEXTILE CORP. LIMITED AND ANR.

DISPOSED OFF

The petitioner, a former Deputy Manager of National Textile Corporation (NTC), filed five writ petitions seeking reinstatement, correction of his retirement age to 60 years, payment of salary arrears, and provident fund contributions, alleging that his retirement was based on a non‑existent rule and …

M/s. Glatt Solution (P) Limited,versusThe State of Bihar

ALLOWED

M/s Responce Renewable Energy Ltd. and M/s Glatt Solution (P) Ltd. filed writ petitions challenging the denial of a 2% interest subsidy under the Bihar Industrial Incentive Policy, 2011 (as amended in 2014). The State of Bihar rejected their claims on the ground that the companies had commenced …

SAKTI MUKHERJEEversusTHE OFFICEIAL LIQUIDATOR BOMAY HIGH COURT AND ANR

DISPOSED OFF

The applicant, Sakti Mukherjee, sought a declaration that a sale agreement for Flat No. A‑1006 in Mantri Serene, executed on 6 March 2014, was legal and binding, and requested ratification of the sale under Section 536(2) of the Companies Act, 1956, together with an injunction restraining the …

OFFICIAL LIQUIDATOR OF ARTEK ORGANIC IND. LTD.(IN LIQUIDATION)versusB.I.F.R.

DISPOSED OFF

The Official Liquidator filed a report seeking the High Court's permission to declare a dividend of Rs.7,69,99,116 to the secured creditor Omkara Asset Reconstruction Private Limited, to dispense with procedural requirements of Rule 276 and Rule 290 of the Companies (Court) Rules, 1959, and to allow …

THE PROPERTY COMPANY (P) LTD.versusROHINTEN DADDY MAZDA

2026 INSC 33Appeal(s) allowed

The respondent, a beneficiary of shares bequeathed by his mother, sought registration of the transmission of those shares after the company refused to register them. The refusal triggered an appeal under the erstwhile Companies Act, 1956, which the respondent failed to file within the prescribed …

NAK ENGINEERING COMPANY PVT. LTD.versusTARUN KESHRICHAND SHAH AND ORS.

2026 INSC 8Dismissed

The suit was filed by the heirs of a property owner to recover service charges from a sub-tenant, respondent No.3, who failed to appear, leading to an ex‑parte decree. The appellant, NAK Engineering Company Pvt. Ltd., later sought to be impleaded, claiming it was the successor of respondent No.3 …

MRS. SHAILJA KRISHNAversusSATORI GLOBAL LIMITED & ORS.

2025 INSC 1065Appeal(s) allowed

Mrs. Shailja Krishna, a majority shareholder and former executive director of Satori Global Limited, alleged that the company’s board had fraudulently obtained her signature on a gift deed and share transfer forms, thereby oppressing her and mismanaging the company. The NCLT had earlier granted her …

M/S TRIVENI ENGINEERING AND INDUSTRIES LTD.versusSTATE OF UTTAR PRADESH & ORS.

2025 INSC 1060Appeal(s) allowed

The appellant, M/s Triveni Engineering and Industries Ltd., a sugar manufacturer, was ordered by the National Green Tribunal (NGT) to pay Rs.18 crore as environmental compensation for alleged illegal discharge of untreated effluents and related violations. The appellant challenged the orders on the …

VIKRAM BAKSHI AND OTHERSversusR.P. KHOSLA AND ANOTHER

2025 INSC 1020Appeal(s) allowed

The dispute arose between the Khosla and Bakshi groups over a resort development project, leading to allegations of perjury and a criminal proceeding under Section 340 of the CrPC. The High Court initially dismissed the criminal application but later recalled its own order after a review petition …

DHANASINGH PRABHUversusCHANDRASEKAR & ANOTHER

2025 INSC 831Case Allowed

The appellant, Dhanasingh Prabhu, advanced a loan of Rs.21 lakh to the respondents who were partners of the partnership firm “Mouriya Coirs”. The respondents issued a cheque in the name of the firm which was dishonoured, prompting the appellant to serve a statutory notice under Section 138 of the …

SECURITIES AND EXCHANGE BOARD OF INDIAversusRAM KISHORI GUPTA & ANR.

2025 INSC 454Disposed off

The Securities and Exchange Board of India (SEBI) issued show‑cause notices to Vital Communications Ltd (VCL) and related entities for misleading advertisements, leading to a series of orders: a 2008 restraint order, a 2014 order imposing market bans, and a 2018 disgorgement order. The Securities …

UNION OF INDIA & OTHERSversusFUTURE GAMING SOLUTIONS PVT. LTD. & ANOTHER ETC.

2025 INSC 181Disposed off

The Union of India challenged the liability of several private companies, including Future Gaming Solutions, to pay service tax on the sale of paper and online lottery tickets for the Government of Sikkim. The High Court of Sikkim had set aside service‑tax notices issued under various amendments to …

THE STATE OF PUNJAB & ANR.versusM/S FERROUS ALLOY FORGINGS P LTD. & ORS.

2024 INSC 890Dismissed

The State of Punjab appealed a High Court order that directed the original sale certificate of auction‑purchased property to be handed over to the purchaser and that the stamp duty deposited by the purchaser be refunded. The dispute arose from the liquidation of M/s Punjab United Forge Ltd., where …

M/S ULTRA-TECH CEMENT LTD.versusMAST RAM & ORS.

2024 INSC 709Case Allowed

The Supreme Court examined a dispute arising from the acquisition of 56.14 bighas of land for a safety zone around a cement plant, where the original award of compensation was paid by Jaiprakash Associates Ltd (JAL) and a supplementary award was later issued. The key issue was whether the liability …

CHALASANI UDAYA SHANKAR AND OTHERSversusM/S. LEXUS TECHNOLOGIES PVT. LTD. AND OTHERS

2024 INSC 671Case Allowed

The appellants, who claimed to have purchased 94.8% of the equity shares of M/s. Lexus Technologies Pvt. Ltd., filed a company petition before the NCLT seeking rectification of the Register of Members under Sections 59 and 88 of the Companies Act, 2013 and relief for oppression, mismanagement and …

SHAJI POULOSEversusINSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & OTHERS

2024 INSC 451Disposed off

The petitioners, chartered accountants, challenged the Council of the Institute of Chartered Accountants of India's Guidelines dated 08‑08‑2008 that capped the number of tax audits a member could undertake under section 44AB of the Income Tax Act. They argued that the restriction was beyond the …

STATE OF MAHARASHTRA & ANR.versusNATIONAL ORGANIC CHEMICAL INDUSTRIES LTD.

2024 INSC 270Dismissed

National Organic Chemical Industries Ltd. increased its authorized share capital from Rs.600 crores to Rs.1,200 crores and paid Rs.25 lakh stamp duty on the Form No.5 notice filed under Section 97 of the Companies Act, 1956. The company later sought a refund, arguing that the Articles of …

SHAKTI YEZDANI & ANR.versusJAYANAND JAYANT SALGAONKAR & ORS.

2023 INSC 1076Dismissed

The testator, Jayant Shivram Salgaonkar, died leaving fixed deposits and mutual fund securities for which he had nominated certain family members under Section 109A of the Companies Act, 1956 and Bye‑law 9.11.1 of the Depositories Act, 1996. The nominees claimed that the nomination gave them …

INDUSTRIAL DEVELOPMENT BANK OF INDIA (THROUGH STRESSED ASSETS STABILIZATION FUND CONSTITUTED BY THE GOVERNMENT OF INDIA)versusSUPERINTENDENT OF CENTRAL EXCISE AND CUSTOMS AND OTHERS

2023 INSC 746Appeal(s) allowed

The Industrial Development Bank of India (IDBI), as a secured creditor, sought to enforce its charge over imported machinery that had been stored in a private bonded warehouse and remained unpaid of customs duty. The company was wound up on 1 December 2003, and the Official Liquidator applied for …

COAL INDIA LIMITED AND ANRversusCOMPETITION COMMISSION OF INDIA AND ANR

2023 INSC 580

Coal India Ltd (CIL) and its subsidiary Western Coalfields Ltd challenged the Competition Commission of India's (CCI) finding of abuse of dominant position, arguing that the Competition Act, 2002 does not apply to them because they are government companies created under the Coal Mines …

HASMUKHLAL MADHAVLAL PATEL AND ANR.versusAMBIKA FOOD PRODUCTS PVT. LTD. AND ORS.

2023 INSC 582Case Partly allowed

The case involved a private limited company with an authorised capital of Rs.1 crore, where the board of directors resolved to issue additional shares on a 1:1 basis and sought to increase the authorised capital to Rs.2 crore following a bank's advice. The V.P. Patel and Sheth groups alleged …

OFFICIAL LIQUIDATORversusUJJAIN NAGAR PALIKA NIGAM & ORS

2023 INSC 489Dismissed

The Official Liquidator (OL) of IISCO Ujjain Pipe and Foundry Co. Ltd., wound up under the Companies Act, sold the company's assets on an "as is where is whatever there is" basis. Ujjain Nagar Palika Nigam (respondent No.1) claimed arrears of property tax and water tax for the period from the …

BISHAMBHAR PRASADversusM/S. ARFAT PETROCHEMICALS PVT. LTD. AND ORS

2023 INSC 406Disposed off

The Supreme Court examined the status of the Large-Scale Industrial Area (LIA) in Kota, Rajasthan, and held that the land has remained under the uninterrupted ownership and lessor relationship of the State Government, not transferred to RIICO by the 1979 order. It found that the leases granted to …

ANIL AGARWAL FOUNDATION ETC. ETC.versusSTATE OF ORISSA AND ORS.

2023 INSC 361Dismissed

The Anil Agarwal Foundation, a private company at the time of land acquisition, sought 6,000 acres of agricultural land in Odisha to establish a university. The State issued Section 4(1) notifications and proceeded with acquisition despite the company’s conversion to a public company occurring only …

SECURITIES AND EXCHANGE BOARD OF INDIAversusV SHANKAR

2023 INSC 719Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) issued a notice to Deccan Chronicle Holdings Ltd (DCHL) and its Company Secretary, V. Shankar, imposing a Rs 10 lakh penalty for alleged violations in a Rs 270 crore share buy‑back. The SEBI Whole Time Member held the Company Secretary liable for not …

IFB AGRO INDUSTRIES LIMITEDversusSICGIL INDIA LIMITED AND OTHERS

2023 INSC 9Dismissed

IFB Agro Industries, a listed company, alleged that SICGIL India Ltd. and related persons acquired more than 5% of its shares from the open market without making the disclosures required under SEBI's Substantial Acquisition of Shares and Takeover (SAST) Regulations and Insider Trading (PIT) …

M/S. MUTHOOT LEASING AND FINANCE LIMITED AND ANOTHERversusCOMMISSIONER OF INCOME TAX

2023 INSC 5Appeal(s) allowed

Muthoot Leasing and Finance Ltd and another, classified as credit institutions, challenged the levy of interest tax on the interest component embedded in hire‑purchase instalments under the Interest‑Tax Act, 1974. The Income Tax Appellate Tribunal (ITAT) held that hire‑purchase agreements are …

KERALA STATE ELECTRICITY BOARD & ORS.versusTHOMAS JOSEPH ALIAS THOMAS M. J. & ORS.

2022 INSC 1293Appeal(s) allowed

The Kerala State Electricity Board (KSEB) appealed against a Kerala High Court judgment that held excess consumption of electricity within the same premises and tariff does not constitute "unauthorised use" for the purpose of imposing a double‑tariff penalty. The Supreme Court examined whether …

RAJRATAN BABULAL AGARWALversusSOLARTEX INDIA PVT. LTD.& ORS.

2022 INSC 1081Appeal(s) allowed

The appellant, an ex‑director of the corporate debtor, contested the admission of an application filed by the operational creditor under section 9 of the Insolvency and Bankruptcy Code (IBC) alleging a debt for coal supplied under a purchase order. The creditor claimed the coal was of inferior …

LALANKUMAR SINGH & ORS.versusSTATE OF MAHARASHTRA

2022 INSC 1061Appeal(s) allowed

The appellants, directors of Cachet Pharmaceuticals Pvt. Ltd., were charged under the Drugs and Cosmetics Act, 1940 for manufacturing a sub‑standard drug (Hemfer syrup) and were summoned as accused under sections 16, 18 and 34. They challenged the summons, a criminal revision and a writ petition, …

M/S TECH SHARP ENGINEERS PVT. LTD.versusSANGHVI MOVERS LIMITED

2022 INSC 986Appeal(s) allowed

The appellant, Tech Sharp Engineers, sought initiation of a Corporate Insolvency Resolution Process (CIRP) under Section 9 of the IBC against the respondent, Sanghvi Movers, for unpaid crane‑hire invoices dated 2012‑13. The respondent had earlier filed a winding‑up petition in the Madras High Court, …

SECURITIES AND EXCHANGE BOARD OF INDIAversusRAJKUMAR NAGPAL & ORS

2022 INSC 885Case Partly allowed

Reliance Commercial Finance Ltd (RCFL) issued non‑convertible debentures and defaulted in March 2019. The RBI issued a prudential framework requiring lenders to enter into an inter‑creditor agreement (ICA) before a resolution plan, and SEBI later issued a circular on 13 Oct 2020 standardising the …

UNION OF INDIA & ANR.versusM/S. GANPATI DEALCOM PVT. LTD.

2022 INSC 853Disposed off

The Supreme Court examined the constitutionality of the Benami Property Transactions Act, 1988 and its 2016 amendment in a dispute between the Union of India and M/s. Ganpati Dealcom Pvt. Ltd. The Court held that Section 3(2) of the 1988 Act, which created a strict‑liability offence without mens …

RELIANCE INDUSTRIES LIMITEDversusSECURITIES AND EXCHANGE BOARD OF INDIA & ORS.

2022 INSC 796Appeal(s) allowed

The Securities and Exchange Board of India (SEBI) filed a criminal complaint against Reliance Industries Ltd (RIL) alleging violation of Section 77 of the Companies Act, 1956 for alleged fraudulent allotment of shares. SEBI’s investigation report of 2005 was inconclusive, prompting SEBI to obtain …

ASSET RECONSTRUCTION COMPANY (INDIA) LIMITEDversusTULIP STAR HOTELS LIMITED & ORS.

2022 INSC 777Appeal(s) allowed

The Supreme Court examined an appeal by Asset Reconstruction Company (India) Ltd., a financial creditor, against a NCLAT order that held a Section 7(2) IBC application against V. Hotels Ltd. was time‑barred. The Court clarified that the Limitation Act, 1963 applies to IBC applications and that the …

ASIAN HOTELS (NORTH) LTD.versusALOK KUMAR LODHA & ORS

2022 INSC 713Appeal(s) allowed

Asian Hotels (North) Ltd., the licensor, granted individual shop licenses to various shopkeepers, including the respondents, and later revoked those licenses. The respondents filed suits seeking a declaration that their licenses were irrevocable and perpetual. While the suits were pending, they …

SECURITIES AND EXCHANGE BOARD OF INDIAversusSUNIL KRISHNA KHAITAN AND OTHERS

2022 INSC 669Dismissed

The Supreme Court examined two appeals filed by SEBI against Sunil Krishna Khaitan and others and Madhuri S. Pitti, challenging SEBI's show‑cause notices and directions under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997. The Court clarified that the term “acquirer” in …

KOTAK MAHINDRA BANK LIMITEDversusA. BALAKRISHNAN & ANR.

2022 INSC 630Appeal(s) allowed

Kotak Mahindra Bank (the appellant) sought initiation of a Corporate Insolvency Resolution Process (CIRP) against Prasad Properties and Investments Pvt. Ltd. (the corporate debtor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The corporate debtor had stood as guarantor for …

PTC INDIA FINANCIAL SERVICES LIMITEDversusVENKATESWARLU KARI AND ANOTHER

2022 INSC 562Appeal(s) allowed

The appeal concerned PTC India Financial Services Ltd (PIFSL) who, after a corporate debtor defaulted, invoked a pledge over 31,80,678 dematerialised shares of NEVPL under a pledge deed and sought to enforce its rights under the Contract Act, 1872. The National Company Law Appellate Tribunal had …

THE STATE OF MAHARASHTRAversus63 MOONS TECHNOLOGIES LTD.

2022 INSC 465Appeal(s) allowed

The State of Maharashtra sought attachment of the properties of 63 Moons Technologies, which holds 99.99% of National Spot Exchange Ltd. (NSEL), under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, alleging that NSEL is a financial establishment that …

SUNIL KUMAR JAIN AND OTHERSversusSUNDARESH BHATT AND OTHERS

2022 INSC 438Case Partly allowed

The appellants, workmen and employees of ABG Shipyard Ltd., claimed wages, salaries and statutory dues for the period of the Corporate Insolvency Resolution Process (CIRP). They argued that these amounts should be treated as insolvency resolution process costs under s.5(13) of the IBC and thus enjoy …

M/S TRL KROSAKI REFRACTORIES LTDversusM/S SMS ASIA PRIVATE LIMITED & ANR.

2022 INSC 214Appeal(s) allowed

M/s TRL Krosaki Refractories Ltd. (the appellant) issued cheques to M/s SMS Asia Private Ltd. which were dishonoured. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 before a Sub‑Divisional Judicial Magistrate, the complaint being filed in the name of the …

T. TAKANOversusSECURITIES AND EXCHANGE BOARD OF INDIA & ANR.

2022 INSC 208Appeal(s) allowed

The appellant, former MD and CEO of Ricoh India Ltd., was served a show‑cause notice by SEBI alleging violations of the SEBI Act and the PFUTP Regulations based on an investigation report. The appellant demanded the full investigation report, but SEBI claimed it was an internal document not subject …

DEVAS MULTIMEDIA PRIVATE LTD.versusANTRIX CORPORATION LTD. & ANR

2022 INSC 49Dismissed

The Supreme Court examined the winding‑up petition filed by Antrix Corporation against Devas Multimedia Private Ltd under section 271(c) of the Companies Act, 2013, alleging fraud in the formation and conduct of the company. The petition was never advertised, and the petitioners challenged the order …

SMALL INDUSTRIES DEVELOPMENT BANK OF INDIAversusM/S. SIBCO INVESTMENT PVT. LTD.

2022 INSC 3Disposed off

The Supreme Court examined whether the Reserve Bank of India's (RBI) communication dated 9 June 1997 to SIDBI was a binding directive under the RBI Act, 1934 and the Banking Regulation Act, 1949, and whether SIDBI was justified in withholding interest on bonds issued by CRB Capital. The Court held …

M/S. NEW VICTORIA MILLS & ORS.versusSHRIKANT ARYA

2021 INSC 552Appeal(s) allowed

The respondent, a supervisor at New Victoria Mills, applied for the Modified Voluntary Retirement Scheme (MVRS) by submitting a resignation on 12 July 2002. He later requested that his resignation be kept suspended until his provident fund dues were cleared, but the employer accepted his resignation …

EMPLOYERS IN RELATION TO THE MANAGEMENT OF BHALGORA AREA (NOW KUSTORE AREA) OF M/S BHARAT COKING COAL LTD.versusWORKMEN BEING REPRESENTED BY JANTA MAZDOOR SANGH

2021 INSC 452Appeal(s) allowed

The management of Bharat Coking Coal Ltd. (BCCL), a Central Government undertaking, recruited SC/ST miners/loaders in 1986 through the Employment Exchange as mandated by the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. Thirty‑eight workmen were later alleged to have obtained …

PRAKASH GUPTAversusSECURITIES AND EXCHANGE BOARD OF INDIA

2021 INSC 353Disposed off

Prakash Gupta, a director of Ideal Hotels & Industries Ltd, was prosecuted by SEBI for alleged price rigging and insider trading during the company's 1995 IPO. Gupta applied to have the offence under Section 24 of the SEBI Act compounded under Section 24A, but the trial judge and the Delhi High …

EASTERN COALFIELDS LIMITEDversusANADINATH BANERJEE (D) AND OTHERS

2021 INSC 351Appeal(s) allowed

The case concerned whether Anadi Nath Banerjee, whose land was acquired for the Sonepur Bazari Open Cast Project, was entitled to employment under a tripartite agreement that promised jobs to land‑losers possessing at least two acres. The Land Acquisition Collector’s certificate recorded Banerjee’s …

SOUTH EASTERN COALFIELDS LTD. & ORS.versusM/S. S. KUMAR’S ASSOCIATES AKM (JV)

2021 INSC 350Dismissed

South Eastern Coalfields Ltd. (SECL) floated a tender for hiring excavation equipment and awarded the contract to M/s S. Kumar’s Associates AKM (JV) through a Letter of Intent (LoI). The LoI required the successful bidder to deposit a performance security of 5% of the contract value within 28 days …

SHITAL FIBERS LTD.versusINDIAN ACRYLICS LIMITED

2021 INSC 228Dismissed

Shital Fibers Ltd. (appellant) sought to avoid a winding‑up petition filed by Indian Acrylics Ltd. (respondent) under Sections 433 and 434 of the Companies Act, 1956, alleging inability to pay an admitted debt of Rs 8,92,723. The respondent claimed the debt arose from supply of raw material, while …

TATA CONSULTANCY SERVICES LIMITEDversusCYRUS INVESTMENTS PVT. LTD. AND ORS.

2021 INSC 217Disposed off

The Supreme Court examined the NCLAT order that had declared Tata Sons' affairs oppressive and prejudicial, reinstated Cyrus Pallonji Mistry (CPM) as Executive Chairman and Director, restrained the Tata Trust nominees, and set aside the conversion of Tata Sons from a public to a private company. The …

ARUN KUMAR JAGATRAMKAversusJINDAL STEEL AND POWER LTD. & ANR.

2021 INSC 187Dismissed

The corporate debtor Gujarat NRE Coke Ltd (GNCL) initiated a corporate insolvency resolution process, but its promoter Arun Kumar Jagatramka was deemed ineligible to submit a resolution plan under Section 29A of the Insolvency and Bankruptcy Code (IBC). After the liquidation order, Jagatramka filed …

PRAVIN ELECTRICALS PVT. LTD.versusGALAXY INFRA AND ENGINEERING PVT. LTD.

2021 INSC 166Case Partly allowed

Pravin Electricals alleged that no consultancy agreement dated 7 July 2014 existed with Galaxy Infra, while Galaxy claimed such an agreement, containing an arbitration clause, was executed and sought appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. …

GUJARAT URJA VIKAS NIGAM LIMITEDversusMR. AMIT GUPTA & ORS.

2021 INSC 163Dismissed

Gujarat Urja Vikas Nigam Ltd (GUVNL) allocated a 25‑MW solar project to Astonfield Solar (the corporate debtor) under a 25‑year Power Purchase Agreement (PPA) executed in 2010. After severe flood damage the plant operated at a fraction of capacity and the corporate debtor was declared a …

P. MOHANRAJ & ORS.versusM/S. SHAH BROTHERS ISPAT PVT. LTD.

2021 INSC 133Disposed off

The appellant company failed to honour multiple cheques, leading the respondent to issue statutory notices under Sections 138 and 141 of the Negotiable Instruments Act and file criminal complaints. While the corporate debtor was placed under a moratorium under Section 14 of the Insolvency and …

A. NAVINCHANDRA STEELS PRIVATE LIMITEDversusSREI EQUIPMENT FINANCE LIMITED & ORS.

2021 INSC 128Dismissed

A. Navinchandra Steels Private Limited, an operational creditor, challenged the admission of a Section 7 petition filed by SREI Equipment Finance Limited before the NCLT, arguing that a winding‑up petition against the same debtor was already pending in the Bombay High Court and that the Companies …

VINOD KRISHAN KHANNA & ORS.versusAMRITSAR SWADESHI WOOLLEN MILLS PRIVATE LIMITED

2021 INSC 110Disposed off

The appellants, holding 14.62% of the paid‑up share capital of Amritsar Swadeshi Woollen Mills Pvt. Ltd., filed a company petition under ss. 397 and 398 of the Companies Act, 1956 seeking to sell their shares. An independent valuer fixed the fair price at Rs 10.35 per share as of the petition filing …

M/S. RADHA EXPORTS (INDIA) PVT. LIMITEDversusK.P. JAYARAM & ANR.

2020 INSC 518Appeal(s) allowed

The respondents, K.P. Jayaram and another, filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) claiming they were financial creditors of M/s. Radha Exports (India) Pvt. Ltd. for a loan of Rs.2.10 crore advanced between 2002 and 2005, alleging that part of the loan was …

BABULAL VARDHARJI GURJARversusVEER GURJAR ALUMINIUM INDUSTRIES PVT. LTD. & ANR.

2020 INSC 490Appeal(s) allowed

The corporate debtor Veer Gurjar Aluminium Industries defaulted on its loans on 08 July 2011. The financial creditor, JM Financial Assets Reconstruction Company, filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) in March 2018 to initiate a corporate insolvency …

SHAILENDRA SWARUPversusTHE DEPUTY DIRECTOR, ENFORCEMENT DIRECTORATE

2020 INSC 465Appeal(s) allowed

Modi Xerox Ltd. made foreign exchange remittances in 1985 and was served a show‑cause notice under the Foreign Exchange Regulation Act, 1973 (FERA) against the company and its directors. One of the directors, Shailendra Swarup, contended that he was a part‑time, non‑executive director and had no …

DELHI TELEVISION LTD.versusDEPUTY COMMISSIONER OF INCOME TAX

2020 INSC 330Appeal(s) allowed

The appellant New Delhi Television Ltd. challenged a notice issued under section 147 of the Income Tax Act alleging that undisclosed income had escaped assessment. The Court examined whether the revenue had a prima facie reason to believe such escapement, whether the assessee had fully disclosed all …

COMMISSIONER OF INCOME TAX, UDAIPURversusM/S. CHETAK ENTERPRISES PVT. LTD.

2020 INSC 279Dismissed

The partnership firm Chetak Enterprises entered into an agreement with the Government of Rajasthan to construct a road and collect tolls. The road was completed on 27‑03‑2000 and the firm was converted into a private limited company on 28‑03‑2000 under Part IX of the Companies Act, 1956. The company …

SOBHA HIBISCUS CONDOMINIUMversusMANAGING DIRECTOR, M/S. SOBHA DEVELOPERS LTD. & ANR

2020 INSC 189Directions issued

The Sobha Hibiscus Condominium, a statutory body created under the Karnataka Apartment Ownership Act, 1972, filed a complaint before the National Consumer Disputes Redressal Commission (NCDRC) against the managing director of Sobha Developers Ltd. The NCDRC dismissed the complaint, holding that the …

USHA ANANTHASUBRAMANIANversusUNION OF INDIA

2020 INSC 176Appeal(s) allowed

Usha Anandhasubramanian, former MD & CEO of Punjab National Bank, was subject to a CBI charge sheet for alleged negligence in preventing the Nirav Modi fraud. The NCLT, and subsequently the NCLAT, ordered a freeze of her assets under Sections 241, 337 and 339 of the Companies Act, 1956, invoking the …

UNION OF INDIAversusRELIANCE COMMUNICATION LIMITED & ANR.

2020 INSC 7Dismissed

The Union of India sought to retain Rs.134.66 crore that it had encashed from bank guarantees of Reliance Communication Ltd (RCL) and Reliance Telecom Ltd (RTL) after they failed to pay deferred spectrum charges of Rs.774.25 crore. The respondents furnished fresh bank guarantees for the same amount …

KARNATAKA STATE POLLUTION CONTROLversusB. HEERA NAIK & ORS. ETC.

2019 INSC 1283Appeal(s) allowed

The Karnataka State Pollution Control Board (KSPCB) filed complaints against the City Municipal Council (CMC) of Krishnarajapuram and its former commissioners for discharging untreated sewage in violation of the Water (Prevention and Control of Pollution) Act, 1974. The High Court quashed the …

GENPACT INDIA PRIVATE LIMITEDversusDEPUTY COMMISSIONER OF INCOME TAX & ANR.

2019 INSC 1277Dismissed

Genpact India Private Limited bought back shares from its Mauritius holding company and was assessed a tax under Section 115QA of the Income Tax Act, 1961. The assessee denied liability and challenged the assessment order through a writ petition under Article 226, arguing that no statutory appeal …

M/S ORIENTAL KURIES LTD. REPRESENTED BY ITS CHAIRMAN P. D. JOSEversusLISSA & ORS.

2019 INSC 1211Amount Awarded

The appeal concerned a chit fund operated by Oriental Kuries Ltd., where the respondents defaulted on twelve instalments. The lower courts had allowed recovery of the past instalments but barred recovery of future instalments, holding that a chitty agreement creates only a promise to pay, not a …

HOOGHLY MILLS COMPANY LTD.versusTHE STATE OF WEST BENGAL AND ANR.

2019 INSC 1159Appeal(s) allowed

Hooghly Mills Company Ltd., a corporate entity, sought possession of a residential flat that had been occupied by its former director, Bal Binode Bajoria, after his retirement. The company filed a criminal complaint under Section 630(1) of the Companies Act, 1956 and an application under Section …

DUNCANS INDUSTRIES LTD.versusA. J. AGROCHEM

2019 INSC 1136Dismissed

DUNCANS INDUSTRIES Ltd., a corporate debtor managing fourteen tea gardens, defaulted on payments to operational creditor A.J. Agrochem. The creditor filed an insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). The debtor argued that, because the Central Government …

STATE OF WEST BENGAL & ORS.versusCALCUTTA CLUB LIMITED

2019 INSC 1111Disposed off

The Calcutta Club, a Section 25 company operating as a members' club, was served with a notice for non‑payment of sales tax on food and drinks supplied to its permanent members. The Club argued that, under the doctrine of mutuality, no sale occurred because the supplier and the buyer were the same …

JIGNESH SHAH & ANR.versusUNION OF INDIA & ANR.

2019 INSC 1080Disposed off

The petitioners, shareholders of La‑Fin Financial Services Pvt. Ltd., challenged a winding‑up petition filed by IL&FS under Section 433(e) of the Companies Act, 1956, which had been transferred to the NCLT as a Section 7 application under the Insolvency and Bankruptcy Code, 2016. The dispute arose …

THE AUTHORISED OFFICER, INDIAN BANKversusD. VISALAKSHI AND ANR.

2019 INSC 1067Disposed off

The Supreme Court examined whether a Chief Judicial Magistrate (CJM) in non‑metropolitan areas could entertain a secured creditor's application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for taking …

PR. COMMISSIONER OF INCOME TAX, NEWversusMARUTI SUZUKI INDIA LIMITED

2019 INSC 815Dismissed

The assessee, Suzuki Powertrain India Ltd (SPIL), was amalgamated into Maruti Suzuki India Ltd (MSIL) effective 1 April 2012. For Assessment Year 2012-13, a notice under s.143(2) of the Income Tax Act was issued to SPIL, which no longer existed, and a final assessment order adding Rs. 78.97 crore …

SILPPI CONSTRUCTIONS CONTRACTORSversusUNION OF INDIA AND ANR. ETC. ETC.

2019 INSC 696Dismissed

Silppi Constructions Contractors submitted technical bids for two government tenders but their bids were rejected on the ground that they failed to meet eligibility criteria and that adverse remarks against their sister company were taken into account. The petitioner appealed the rejection, but the …

HARI SANKARANversusUNION OF INDIA & OTHERS

2019 INSC 691Dismissed

The Central Government, alleging mismanagement and public‑interest prejudice in IL&FS and its group companies, obtained an order from the National Company Law Tribunal (NCLT) suspending the existing board and appointing a new one under Sections 241 and 242 of the Companies Act. Subsequently, the …

RAM PARSHOTAM MITTAL & ORS.versusHOTEL QUEEN ROAD PVT. LTD. & ORS.

2019 INSC 678Disposed off

The Government of India disinvested its stake in ITDC, creating Hotel Queen Road Ltd (HQRL) as a special purpose vehicle. After Moral Trading & Investment Ltd acquired 99.97% of HQRL, the directors (the Mittals) passed three board resolutions in 2004‑2005 allotting and transferring shares to …

BIRLA CORPORATION LIMITEDversusADVENTZ INVESTMENTS AND HOLDINGS LIMITED & OTHERS

2019 INSC 663Disposed off

Birla Corporation filed a criminal complaint alleging that respondents had stolen or misappropriated 54 confidential company documents and sought prosecution under IPC sections 379, 403, 411 read with 120B. The trial magistrate, relying on vague statements of the company representative and an …

DELHI DEVELOPMENT AUTHORITYversusNALWA SONS INVESTMENT LTD. AND ANR.

2019 INSC 564Appeal(s) allowed

The Delhi Development Authority (DDA) allotted a commercial plot to Jindal Strips Ltd. (respondent No.1) under a perpetual lease deed containing clause 6(a) which requires prior written consent for any transfer and allows the lessor to recover 50% of the unearned increase (UEI). Respondent No.1 and …

HARI STEEL AND GENERAL INDUSTRIES LTD. & ANR.versusDALJIT SINGH & ORS.

2019 INSC 569Appeal(s) allowed

The plaintiffs alleged that the defendants had entered into an agreement to sell a Delhi property and associated business for Rs 55.50 crore, receiving Rs 5 crore as part consideration, and sued for specific performance. The defendants contested the agreement, claiming the document was forged, the …

COMMISSIONER OF INCOME TAX, JAIPURversusM/S GOPAL SHRI SCRIPS PVT. LTD.

2019 INSC 351

The Income Tax Department appealed an assessment order, but the Rajasthan High Court dismissed the appeal as infructuous after learning that the assessee company, Gopal Shri Scrips Pvt. Ltd., had been struck off the register under Section 560(5) of the Companies Act, 1956. The question before the …

SWARAJ INFRASTRUCTURE PVT. LTD.versusKOTAK MAHINDRA BANK LTD.

2019 INSC 108Dismissed

The Supreme Court considered whether a secured creditor, Kotak Mahindra Bank, could file a winding‑up petition under the Companies Act, 1956 after obtaining a decree and recovery certificate from the Debts Recovery Tribunal. The petitioners argued that Sections 17, 18 and 34 of the Recovery of Debts …

FORECH INDIA LTD.versusEDELWEISS ASSETS RECONSTRUCTION CO. LTD.

2019 INSC 77Disposed off

Forech India Ltd. filed a winding‑up petition in the Delhi High Court in 2014 against a company, serving notice under Rule 26 of the Companies (Court) Rules. Later, a financial creditor (Respondent No.1) filed an insolvency petition under Section 7 of the Insolvency & Bankruptcy Code (IBC) before …

JAIPUR METALS & ELECTRICALS EMPLOYEES ORGANIZATION THROUGH GENERAL SECRETARY MR. TEJ RAM MEENAversusJAIPUR METALS & ELECTRICALS LTD. THROUGH ITS MANAGING DIRECTOR & ORS.

2018 INSC 1196Leave granted

The employees' union of Jaipur Metals & Electricals Ltd challenged a High Court order that refused to transfer winding‑up proceedings, filed under Section 20 of the Sick Industrial Companies Act, to the National Company Law Tribunal (NCLT) and set aside an NCLT order admitting a Section 7 insolvency …

AHMED ABDULLA AHMED AL GHURAIR (THROUGH THEIR POWER OF ATTORNEY HOLDER MR. BARTHOLOMEW KAMYA) & ANR.versusSTAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED & ORS.

2018 INSC 1100Dismissed

The plaintiffs, Dubai nationals and shareholders of a Dubai‑incorporated company (Defendant No.2), filed a derivative suit in the Madras High Court seeking a declaration that Defendant No.2 held the beneficial interest in 6.16% of the shares of an Indian company (Defendant No.1) that were registered …