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COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024

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Supreme Court Dismisses Appeal in Insolvency Case Involving Trademark Ownership Dispute. The Court upheld NCLAT's finding that NCLT's declaration of trademark ownership impermissibly modified the approved Resolution Plan under the Insolvency and Bankruptcy Code, 2016.

The appeal arose from a dispute over trademark ownership in the context of a corporate insolvency resolution process under the Insolvency and Bankrupt...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

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Bombay High Court Dismisses Petition Challenging DRAT Order Rejecting Condonation of 856-Day Delay in Filing Appeal Against Decree on Admission. Petitioner's Withdrawal of Timely Appeal and Subsequent Delay Not Justified as Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition challenging the order dated 9 November 2022 passed by the Debt R...

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Bombay High Court Quashes Interim Compensation Order in Dishonour of Cheque Cases Due to Lack of Application of Mind by Magistrate. Magistrate directed to pass reasoned order after considering defence that cheques were given as security in matrimonial dispute.

The petitioner, Prakash Nanji Thakkar, filed five criminal writ petitions challenging an order dated 06/06/2019 passed by the learned Metropolitan Mag...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Dispute — Limitation Period Runs from End of Loan Tenure When Creditor Has Option to Recall Loan on Default.

The petitioner, Paresh Prakash Pavetekar, had taken a loan from the respondent, Phoenix ARC Pvt. Ltd., repayable in equated monthly installments. The ...

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Bombay High Court Allows Official Liquidator to Take Possession of Factory Premises Despite Pending BIFR Reference Under SICA, 1985. Section 22 of SICA, 1985 does not bar winding up proceedings under Companies Act, 1956.

The Official Liquidator filed a report seeking directions to direct the ex-director of M/s Lifeline Industries Ltd. (in liquidation) to deposit advert...

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Bombay High Court Dismisses Builder's Suit for Specific Performance of Redevelopment Contract Against Cooperative Society. Expression of Interest Held Not a Binding Contract, No Obligation to Accept Highest Bid.

The plaintiff, Gopi Gorwani, a builder and developer, filed a suit against Ideal Cooperative Housing Society Limited and others seeking a declaration ...