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Whether the SARFAESI Act, 2002 supersedes the provision of the Companies Act, 1956 – Alchemist Asset Reconstn. Co. Ltd. Vs. Coventry Coil-O-Matric Har. Ltd. & Ors. – Supreme Court Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court
Whether when the Debt Recovery Tribunal(DRT) under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 exercises his power under section 19(18)(e) and appoints a Commissioner for preparation of an inventory of the properties of the defendants, whether prior leave of the Company Judge under the provisions of Companies Act is necessary, since the Company in question is under liquidation and a provisional liquidator has been appointed – State Bank of Hyderabad Vs. Pennar Paterson Ltd. & Anr. – Supreme Court Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court
A discharge which the principal debtor may secure by operation of law in bankruptcy or in liquidation proceedings in the case of a company does not absolve the surety of his liability-Maharashtra State Electricity Board, Bombay Vs. Official Liquidator, High Court, Ernakulam, Anr. -Supreme Court Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court, IBC-Case Laws-Supreme Court, Indian Contract Act-Case Laws
Industrial Credit and Investment Corporation of India Ltd. Vs. M/S. Srinivas Agencies & Ors. – Supreme Court Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court
Whether the rights of the State Financial Corporation under Section 29 of SFC Act to sell and realise the security could be exercised without reference to the Company Court when a winding up order is made against the company – International Coach Builders Ltd. Vs. Karnataka State Financial Corpn. – Supreme Court Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court
Whether the Company Judge under the Companies Act, 1956 has jurisdiction at the instance of the Official Liquidator to set aside the auction or sale held by the Recovery Officer under the the RDB Act, 1993 or whether the Official Liquidator is required to follow the route as engrafted under the RDB Act by filing an appeal assailing the auction and the resultant confirmation of sale – The Official Liquidator, U.P. and Uttarakhand Vs. Allahabad Bank and others – Supreme Court Case Laws-SARFAESI-Supreme Court, Companies Act-Supreme Court
