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Bombay High Court Dismisses Section 9 Arbitration Petition Against Guarantors Due to Lack of Privity of Contract. Guarantee Deed Not Signed by Petitioner, No Arbitration Agreement Between Petitioner and Respondents.

The petitioner, L&T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief against the...

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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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High Court of Bombay at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Inordinate Delay and Lack of Sanction — Petitioner Acquitted of Criminal Breach of Trust by Public Servant as Trial Not Commenced Even After 16 Years and Sanction Under Section 197 CrPC Was Not Obtained.

The petitioner, Shri Babruwan Kinalkar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay ...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant in Section 409 IPC Case for Want of Sanction Under Section 197 CrPC. The Court Held That the Petitioner's Acts of Collecting Fares and Issuing Tickets Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a State Transport Undert...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Petitioner, a Conductor of Kadamba Transport Corporation, Was Prosecuted Under Section 409 IPC for Alleged Misappropriation of Fare Without Prior Sanction from Competent Authority.

The petitioner, Shri Babruwan Kinalkar, a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2), filed a Criminal Writ Pet...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Dismisses Writ Petition Challenging DRAT's Pre-Deposit Order Under SARFAESI Act. Pre-deposit of 30% of Amount Due Under Section 18(1) of SARFAESI Act is Mandatory and DRAT Has No Discretion to Waive It.

The petitioner, Shree Vindhya Paper Mills Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 4 November 2011, which requir...

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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...