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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Quashes University Notification Reducing Intake Capacity to Zero in Engineering College — Violation of Natural Justice and AICTE Regulations. University's unilateral reduction of intake from 16 to 0 without prior notice or opportunity of hearing held arbitrary and unsustainable.

The petitioners, Mukund Education Society and Sanmati Engineering College, challenged a notification dated 19/5/2016 issued by Sant Gadge Baba Amravat...

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Bombay High Court Dismisses Second Appeal in Service Termination Dispute — Concurrent Findings of Lower Courts Upheld. Employee Failed to Prove Illegal Termination; Entitled Only to Limited Monetary Claims.

The appellant, Nishikant Narayan Kale, was appointed as Planning Manager of Bajaj Tempo Limited (now Force Motors Limited) on 18 May 1980 on probation...

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Bombay High Court Quashes Withdrawal of Customs Duty Exemption Certificate for Medical Equipment Imported by Cardiologist. Failure to Treat 40% Outdoor and 10% Indoor Poor Patients Free Not Established; Exemption Restored.

The petitioners, Dr. Shashank Bhalchandra Subhedar, a practicing cardiologist, and M/s National Heart Center & Hypertension Clinic, challenged the ord...

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Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002.

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarw...

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Supreme Court Dismisses Contempt Petitions Against WPL in Super Bazar Revival Case — No Willful Disobedience of Orders Found. Revival Scheme Implemented Under Court Supervision; Payments Made as Directed.

The judgment pertains to contempt petitions filed against M/s Writers and Publishers Pvt. Ltd. (WPL) alleging willful disobedience of court orders in ...

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NCLAT Dismisses Appeal of Former Director in Fraudulent Trading Case Under Section 66 IBC. The Tribunal upheld the finding that the appellant siphoned funds and engaged in wrongful trading during liquidation of Easytech Global Private Limited.

The present appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) was filed by Mr. Gopal Kalra, the erstwhile director of M/s Easy...