J. B. PARDIWALA, K. V. VISWANATHAN
Nirmal Ujjwal Credit Co-Operative Society Ltd. – Appellant
Versus
Ravi Sethia – Respondent
| Table of Content |
|---|
| 1. statutory appeal context and background. (Para 1 , 3 , 4) |
| 2. appellant's legal arguments for eligibility. (Para 17 , 18 , 19 , 20) |
| 3. respondents' arguments against appellant’s eligibility. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. interpretation of 'same line of business'. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 5. application of 'same line of business' to present case. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 6. final ruling on investment eligibility under section 64(d). (Para 50) |
| 7. conclusion and dismissal of appeal. (Para 51 , 52 , 53 , 54 , 55) |
JUDGMENT :
J.B. PARDIWALA, J.
For the convenience of exposition, this judgment is divided into the following parts:-
| INDEX | |
| A. | FACTUAL MATRIX |
| B. | SUBMISSIONS ON BEHALF OF THE APPELLANT |
| C. | SUBMISSIONS ON BEHALF OF THE RESPONDENTS |
| D. | ANALYSIS |
| (I) | Meaning and scope of the expression “any other institution in the same line of business” |
| (II) | Applicability of the standard of “same line of business” to the facts of the present case. |
| E. | CONCLUSION |
1. At the outset, we must state that the present statutory appeal was finally heard by us, a
The amendment to the Multi-State Cooperative Societies Act, 2002 restricts investments to businesses in the same line as defined by society bye-laws, preventing misuse of funds and ensuring alignment....
Promoters of MSMEs can be exempt from certain eligibility criteria to submit resolution plans, fostering recovery and preventing liquidation.
IBC overrides Multi-State Co-operative Societies Act; NCLT has jurisdiction over multi-state co-operative banks participating in CIRP for enforcing asset protections like moratorium on dividend adjus....
The court ruled that non-compliance with mandatory provisions of the Insolvency and Bankruptcy Code rendered the Resolution Plan invalid, necessitating liquidation of the Corporate Debtor.
Legislative intent of section 29A is to rope in all persons who may be acting in concert with the person submitting a resolution plan.Creative interpretation necessary to lift the corporate veil. Exp....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.