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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Restrains Use of 'SAMRAT' Mark for Atta. Registered proprietor of 'SAMRAT' mark in Class 30 entitled to interim injunction against phonetically identical mark for similar goods under Trade Marks Act, 1999.

The appellant, Prakash Agro Industries Ltd., a company engaged in manufacturing and marketing food products including besan, pulses, wheat flour, and ...

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Bombay High Court Dismisses Petition Challenging Denial of Pass Book Scheme Benefits for Pharmaceutical Exports. Exports of Ampicillin and Tetracycline Capsules Held Not Covered Under Pass Book Scheme as They Were Not Manufactured by the Petitioner Itself.

The petitioners, Neon Laboratories Limited and its director, challenged an order dated 12th May 1999 passed by the Joint Director General of Foreign T...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Dismisses Petition Challenging Bidder Qualification in Tender Process — Debarment by One State Does Not Automatically Disqualify in Another State's Tender Without Specific Clause in Tender Document.

The Petitioner, Smart Chip Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the decision of Respondent Nos....