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Bombay High Court Allows Termination of Liquidation of Cooperative Sugar Factory Under Section 105 MCS Act — Revival Plan Approved. Court finds revival plan feasible and in interest of stakeholders, directs termination of liquidation subject to payment of dues.

The judgment concerns two writ petitions and two civil applications seeking termination of liquidation proceedings of The Karmaveer Kakasaheb Wagh Sah...

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Bombay High Court Allows Appeal in Sugar Mill Licensing Case — Aerial Distance Certificate Requirement Not Applicable to Defunct Factory. Clause 6A of Sugarcane (Control) Order, 1966 Requires Existing and Operating Sugar Factory for Distance Calculation.

The appellant, Bhavna Agro Products and Services Private Limited, sought to establish a sugar mill and applied for an Aerial Distance Certificate unde...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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Bombay High Court Dismisses Petition Challenging Direction to Enroll Members in Co-operative Sugar Society. Section 79 of MCS Act Empowers Sugar Commissioner to Issue Directions for Membership Enrollment Despite Full Share Capital.

The petitioners, Rajaram Bapu Patil Sahakari Sakhar Karkhana Ltd. (a co-operative sugar society) and its director Pandurang Ramrao Patil, filed a writ...

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Bombay High Court Allows Revenue Appeals in Cooperative Sugar Factory Tax Deduction Cases. Deductions from sugarcane price for various purposes held to be income of the society under Income Tax Act, 1961.

The Revenue filed appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The respondents, coop...

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Bombay High Court Allows Bank to Participate in Auction of Attached Sugar Stock in Workers' Dues Recovery Case. The court held that the direction to recover under MLR Code was beyond Section 33C(1) of Industrial Disputes Act, 1947, but permitted the bank to participate in auction of attached sugar.

The Maharashtra State Cooperative Bank Ltd. (petitioner) had advanced loans to Yashwant Sahakari Sakhar Karkhana (respondent No.4), a sugar factory, a...

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High Court of Judicature at Bombay Nagpur Bench Hears Letters Patent Appeals Against Writ Petition Order in Co-operative Sugar Factory Dispute — Appeals involve allegations of mismanagement, enquiry under Section 83 of Maharashtra Co-operative Societies Act, 1960, and liquidation proceedings.

The High Court of Judicature at Bombay, Nagpur Bench, heard two Letters Patent Appeals (No. 197 of 2009 and No. 239 of 2009) arising from Writ Petitio...