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Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

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Bombay High Court Dismisses Appeal in Property Dispute Over Succession and Title — Upholds Trial Court's Finding That Plaintiff Failed to Prove Ownership. Succession Certificate Not Conclusive Proof of Title; Plaintiff Must Establish Independent Right to Property.

The appellant, Madhukar Venkatesh Ullal, filed a suit in the Bombay High Court seeking declaration of title and possession of a property. He claimed t...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Grants Interim Injunction in Specific Performance Suits — Export Credit Guarantee Corporation of India Ltd. Restrains Trustees from Alienating Property. Prima Facie Case Established Based on Agreements and Possession; Balance of Convenience Favors Plaintiff.

The plaintiff, Export Credit Guarantee Corporation of India Ltd., filed two suits for specific performance of agreements for sale of commercial units ...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Interim Award on Limitation in Commercial Arbitration. Winding Up Proceedings Constitute Civil Proceedings for Exclusion of Time Under Section 14 of Limitation Act, 1963.

The dispute arose from a purchase order dated 24 June 2013 placed by Tata Consultancy Services Ltd. (petitioner) on Inspira IT Products Pvt. Ltd. (res...

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Bombay High Court Upholds Settlement Commission's Rejection of Settlement Application for Non-Pending Assessment Proceedings. Settlement Application Filed Before Expiry of Reassessment Limitation Does Not Constitute Pending Proceedings Under Section 245A(b) of Income Tax Act, 1961.

The petitioner, M/s. Shriniwas Machine Craft Pvt. Ltd., a company engaged in fabrication of sheet metal canopies for diesel generating sets, filed a w...