2017-TIOLCORP-01-HC-MUM-CA

ICICI Bank Ltd Vs Official Liquidator

Whether Rules 154 & 179 shall apply to debts due to a secured creditor by a company in liquidation if he chooses to stand outside the winding up and opts to realize his security for recovery of decretal amounts - NO: HC

Whether rights of a secured creditor who stands outside the winding up and opts to realize his security are subject to the provisions of Section 529A which places the rights of the workers at par with the secured creditors - YES: HC

Whether the limited impediment introduced by Section 529A would affect the rights of the secured creditors to realize their security and receive their full due - NO: HC Whether the relevant date for determination and payment of amounts to workers shall be the date of winding up - YES: HC

Whether the winding up date is relevant only for arriving at the ratio at which the sale proceeds are to be distributed among the workmen and secured creditors - YES: HC

Whether workmen would be entitled to any amount after the date of their discharge - NO: HC

- Case allowed : BOMBAY HIGH COURT

2017-TIOLCORP-01-COMPAT

Oberoi Cars Pvt Ltd Vs Competition Commission of India

Whether the matter needs to be closed when there is no evidence to establish horizontal understanding between developers resulting in abuse of dominance - YES: COMPAT

- Appeal dismissed : COMPETITION APPELLATE TRIBUNAL