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Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award Holding Stockbroker Liable for Unauthorized Trades by Agent. Broker Failed to Prove Client Authorization for Disputed Trades, Resulting in Compensation of Rs.14,37,200/- to Client.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by IIFL Capital Services Limited (formerly IIFL Secu...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

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Bombay High Court Dismisses Writ Petition Seeking Refund of Premium Paid Under ULC Act Government Resolution — Petitioner Cannot Claim Refund After Voluntarily Availing Benefit and Selling Land to Third Parties.

The petitioner, Sudarshan Chemical Industries Ltd., was a beneficiary of an exemption order dated 29 February 1980 under Section 20(1) of the Urban La...