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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

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Bombay High Court Dismisses State's Review Petition Due to Unexplained Delay of 1679 Days. Condonation of Delay Denied as Limitation Expired Before COVID-19 Pandemic and No Sufficient Cause Shown.

The State of Maharashtra and others filed a Review Petition (Stamp) No. 19950 of 2022 seeking review of a judgment dated 15 November 2017 in Writ Peti...

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Supreme Court Examines High Court's Dismissal of Objections Under Section 47 CPC in Enforcement of Arbitral Award. Appeal Arises from Long-Term Coal Supply Agreement Dispute Involving Fraud Allegations and Scope of Section 47.

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (appellant) and Anglo American Metallurgical Coal Pvt. Limited (res...

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Bombay High Court Considers Petition Challenging Construction of Shopping Complex Within Prohibited Highway Area; Directions for Demolition Sought by Shirdi Councillors Based on Violation of Building Bye-Law and Lack of No-Objection Certificate.

The writ petition concerns a challenge to the construction of a shopping complex on land bearing survey no. 170/A2/1 abutting the Nagar-Manmad highway...

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Bombay High Court Dismisses Petitioners' Challenge to Tender Cancellation in Public Works Contract. Court Holds That No Vested Right Arises Until Formal Acceptance of Bid, and Government Has Discretion to Cancel Tender in Public Interest.

The petitioners, Jai Laxmi Constructions and others, filed two writ petitions challenging the cancellation of a tender process and the issuance of a f...