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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

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NCLAT Dismisses Financial Creditor's Appeal Against Rejection of Section 7 Application as Time-Barred. Application Under Section 7 of IBC, 2016 Filed Beyond Three Years from NPA Declaration Held Barred by Limitation.

The appeal was filed by M/s. Canara Bank (Appellant/Financial Creditor) against the order of the National Company Law Tribunal, Hyderabad Bench, which...

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Liquidator in Loan Recovery Dispute. Breach of Compromise Scheme of Settlement Leads to Revival of Original Award Under Multi State Co-operative Societies Act, 2002.

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, the liquidator of M...

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Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...

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Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

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Bombay High Court Allows Appeal by Depository Against Arbitral Award for Lost Shares Due to Third-Party Fraud. Court Holds That Depository Not Liable Absent Negligence or Breach of Contract Under Section 12(1-A) of SEBI Act, 1992.

The case involves an appeal by Central Depository Services (India) Ltd. (CDSL) against a judgment of a learned Single Judge dated 01/12/2025, which up...

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Supreme Court Dismisses MSME Appeals Holding Restructuring Notification Directory. Banks/NBFCs Not Obliged to Restructure MSME Accounts Suo Moto Under Section 9 MSMED Act Before SARFAESI Action.

The Supreme Court dismissed a batch of appeals filed by MSMEs challenging the Bombay High Court's order that Banks/NBFCs are not obliged to adopt the ...