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Bombay High Court Allows Appeal in Bond Trustee Case — Appoints Receiver and Grants Injunction Against Alienation of Assets. Trustee entitled to protect bondholders' interests where corporate debtor defaulted on convertible bonds and attempted to transfer business to related parties.

The Bank of New York Mellon, as trustee for bondholders, filed a suit against Zenith Infotech Ltd. and others after Zenith defaulted on repayment of U...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Possession and Mesne Profits. Court holds that plaint cannot be rejected under Order VII Rule 11(d) CPC when the suit is not barred by limitation and the claim for mesne profits is not time-barred.

The petitioner, M/s. Ramnarain Sons Pvt Ltd, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order...

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Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...

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Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates.

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month fo...

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Bombay High Court Allows Appointment of Court Receiver in Arbitration Petition Under Section 9 of Arbitration and Conciliation Act, 1996 for Loan Default. Loan Agreement Default Leads to Appointment of Receiver to Secure Claim Pending Arbitration.

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Court R...

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Bombay High Court Dismisses Appeal Against Decree Under Order VIII Rule 10 CPC for Failure to File Written Statement. Trial Court's Discretion to Pass Judgment Without Trial Upheld Where Defendants Neglected to File Written Statement Despite Multiple Opportunities.

The appeal arises from a judgment dated 12.7.2006 passed by the trial court decreeing the plaintiff's suit for Rs.16,43,200/- with future interest at ...