Presidency Towns Insolvency Act, 1909

Paramjeet Singh Patheja, a guarantor, challenged an insolvency notice issued under Section 9(2) of the Presidency Towns Insolvency Act, 1909 on the basis of an arbitration award rendered under the Arbitration and Conciliation Act, 1996. The High Court had held that the award constituted a decree for the purpose of the …

The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act and to file a petitio…

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings because "other proceedings…

The appellant, a practising advocate, was charged with criminal contempt after he and about fifty other lawyers obstructed police officers attempting to execute a non‑bailable warrant issued by a Madras High Court judge. The High Court found a prima facie case of contempt under Section 2(c)(iii) of the Contempt of Cour…

State Bank of India (SBI) sought recovery of a loan from a corporate debtor whose managing director, V. Ramakrishnan, had also given a personal guarantee. After the corporate debtor defaulted, SBI invoked SARFAESI provisions and the debtor filed an insolvency petition under the Insolvency and Bankruptcy Code (IBC) 2016…

HDFC Bank Limited sought to initiate insolvency proceedings against Kishore K. Mehta under Section 9(2) of the Presidency Towns Insolvency Act, 1909, relying on a recovery certificate issued by the Debt Recovery Tribunal (DRT) in 2004. The bank argued that the term "decree or order" in the statute should be interpreted…

The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under s.169 of the Compani…

P. Veerasamy was adjudicated an insolvent under the Presidency Towns Insolvency Act, 1909. He applied to the Madras High Court for permission to restart his kerosene‑selling business so that he could support himself and his family, offering to remit a portion of the earnings to creditors. The High Court dismissed the a…