Search Results for "Contractual dues"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Contractual dues"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Insolvency Case — Holds Dispute Predominantly Contractual, Not a Straightforward Financial Debt Default Under IBC. The Court ruled that where loan disbursement is made directly to a builder under a quadripartite agreement and the corporate debtor's obligations are intertwined with the builder's performance, the transaction does not constitute a simple financial debt under Section 7 of the Insolvency and Bankruptcy Code, 2016.

7 May 2026

The Supreme Court dismissed the appeal filed by Dhanlaxmi Bank Limited against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

High Court

Madras High Court Allows Arrest of Vessel for Maritime Claim Under Admiralty Act, 2017 — Bunker Supply Constitutes Necessaries. The court held that supply of bunkers to a vessel is a maritime claim under Section 4(1)(l) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017, and granted conditional arrest subject to furnishing of security.

6 Feb 2026

The plaintiff, Om Freight Forwarders Limited, a company engaged in freight forwarding and bunker supply, filed a civil suit under the Admiralty (Juris...

Tribunals

NCLAT Dismisses Appeal in Insolvency Case Due to Lack of Privity of Contract. Operational Debt Claim Under Section 9 of IBC, 2016 Fails as No Direct Contractual Relationship Exists Between Appellant and Respondent.

25 Sep 2024

The present appeal was filed by Rahee Jhajharia E to E JV (the Appellant) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against t...

High Court

Bombay High Court Dismisses Challenge to Arbitrator's Interim Order Directing Security in Dredging Contract Dispute. Section 37(2)(b) Appeal Fails as Arbitrator's Order for Bank Guarantee of Rs. 5,66,30,579/- Upheld Pending Final Award.

13 Mar 2023

The present Commercial Arbitration Petition was filed under Section 37(2)(b) of the Arbitration & Conciliation Act, 1996 (the Act) by Karanja Terminal...

Supreme Court

Supreme Court Allows Flat Purchasers' Appeal in Consumer Dispute Against Developer for Delayed Possession — Interest Extended Until Actual Possession. The Court held that the developer cannot avoid liability for interest by denying possession due to the filing of a consumer complaint, and the contractual compensation rate was inadequate under the Consumer Protection Act, 1986.

11 Feb 2019

The case involves a consumer dispute between flat purchasers and a developer, Mantri Castles Pvt. Ltd., regarding delayed possession of flats in Banga...

Supreme Court

Supreme Court Allows Financier's Appeal in Consumer Dispute Over Hire-Purchase Repossession — Held That Financier Is Not a 'Service Provider' Under Consumer Protection Act, 1986 for Repossession of Vehicle on Default. The court ruled that repossession of a vehicle under a hire-purchase agreement after default is a contractual right and not a deficiency in service.

1 Jan 2019

The appeal arose from a consumer dispute where the respondent, Rajesh Kumar Tiwari, had entered into a hire-purchase agreement with the appellant, M/s...

High Court

Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

9 Mar 2016

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

High Court

Bombay High Court Allows Petition Challenging Minister's Order Setting Aside Disqualification of Director in Cooperative Bank. Disqualification under Section 73EA(ii) of Maharashtra Co-operative Societies Act, 1960 is automatic and Registrar's order under Section 78(1) is ministerial; appellate authority must apply mind.

16 Aug 2012

The dispute in this writ petition relates to the disqualification of respondent No.4, Prafulla s/o Khushalrao Mankar, as a Director of the Yavatmal Di...

High Court

Bombay High Court Dismisses Appeal in Contract Dispute Between Partnership Firm and Municipal Council — Interest Rate of 9% Upheld. Claim for 18% Interest Not Supported by Contract or Evidence Under Section 34 CPC.

20 Jan 2011

The appellant, a partnership firm, filed a suit against the Faizpur Municipal Council for recovery of amounts due under a construction contract. The t...

High Court

Bombay High Court Allows Appeal in Part, Restores Suit Against Guarantors and Awards Contractual Interest in Bank Recovery Suit. Guarantor liability is co-extensive with principal debtor; contractual interest must be awarded as agreed until date of suit and thereafter at court's discretion but not less than contractual rate under Order 34 Rule 11 and Section 34 CPC.

14 Jul 2010

The appellant, Bank of Baroda, filed a suit for recovery of Rs. 7,85,655.50 against defendants, including the principal borrower firm (defendants 1-3)...

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