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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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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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Writ Petition Challenges AGRC Orders Quashing Acceptance of Slum Rehabilitation Proposal by Landowner. Petitioner Contends AGRC Exceeded Jurisdiction and Misconstrued Circular 144A Requirements.

The petitioner, a charitable trust and owner of the subject property, filed a writ petition under Article 227 challenging two orders of the Apex Griev...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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High Court of Karnataka Examines Challenge to Commercial Court’s Dismissal of Section 34 Petitions Upholding Arbitral Awards on Escalation Claims. Dispute Arises Out of Delays in Five Hospital Renovation Projects Undertaken by Contractor and Alleged Breach of Contract by Government Entities.

The appellant, a contractor, was the successful bidder for 14 projects relating to the renovation and expansion of various government hospitals in Kar...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...