Created by Fuzzy Cloud

Presidency Towns Insolvency Act, 1909

9 judgments · newest first · showing 1–9

H.D.F.C. BANK LIMITEDversusKISHORE K. MEHTA (DEAD) THR. LRS.

2026 INSC 688Dismissed

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 …

P R ADIKESAVANversusTHE REGISTRAR GENERAL, HIGH COURT OF MADRAS AND ANOTHER

2022 INSC 625Dismissed

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 …

STATE BANK OF INDIAversusV. RAMAKRISHNAN & ANR.

2018 INSC 711Appeal(s) allowed

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 …

M/S UMESH GOELversusHIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.

2016 INSC 457Appeal(s) allowed

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 …

PARAMJEET SINGH PATHEJAversusICDS LTD.

2006 INSC 755Appeal(s) allowed

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 …

P. VEERASAMYversusOFFICIAL ASSIGNEE, HIGH COURT, MADRAS

1999 INSC 5Appeal(s) allowed

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 …

PRABHU SHANKAR JAISWALversusSRI SHEO NARAIN JAISWAL

1996 INSC 1250Appeal(s) allowed

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 …

BALKRISHAN GUPTA AND ORS.versusSWADESHI POLYTEX LTD. AND ANR

1985 INSC 24Dismissed

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 …