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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Adjudicates Writ Petition Against MMRDA's Demand for Additional Premium on Alleged Construction Delay. Court Examines Whether Demand is Arbitrary and Violative of Article 14 Given Delays Attributed to the Authority.

The present writ petition was filed by Shree Naman Hotels Pvt. Ltd., a subsidiary of Shree Naman Developers Ltd., against the Mumbai Metropolitan Regi...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Supreme Court Upholds Arbitral Award in Consignment Agent Dispute — MMTC Ltd. v. Vedanta Ltd. Scope of Interference with Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 Limited to Grounds of Public Policy and Patent Illegality.

The Supreme Court dismissed the civil appeal filed by MMTC Ltd. against the judgment of the Bombay High Court which had upheld the majority arbitral a...

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Bombay High Court Quashes Disqualification of Bidders in Municipal Tenders for Violation of Natural Justice. Tender Committee's Disqualification Orders Set Aside as No Show-Cause Notice or Opportunity of Hearing Was Given Before Blacklisting.

The petitioners, Nitish Kailash Kapadne and Dinkar Dnyandeo Rane, filed two separate writ petitions under Articles 226 and 227 of the Constitution of ...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...