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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Karnataka Allows Appeal by Union Bank of India in SARFAESI Act Matter — Endorsement Declining One-Time Settlement Not a 'Decision' Under Section 17(1) of SARFAESI Act, 2002. Writ Petition Challenging Bank's Endorsement Held Not Maintainable Due to Alternative Remedy Before DRT.

The case involves a writ appeal filed by Union Bank of India (appellants) against an order dated 02.05.2023 passed by a learned Single Judge of the Ka...

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High Court of Karnataka Allows Bank's Appeal Against Single Judge Order in Writ Petition Challenging Endorsement Under SARFAESI Act. Writ Petition Challenging Endorsement Under Section 13(2) of SARFAESI Act Held Not Maintainable Due to Alternative Remedy Under Section 17.

The appellants, Union Bank of India and its Chief Manager, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated...

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Bombay High Court Dismisses Assignee's Challenge to Auction Sale for Non-Compliance with Regulation 37(1) of DRT Regulations, 2015 — Failure to Raise Objection at Appropriate Stage and Lack of Prejudice Renders Challenge Belated and Unsubstantiated.

The petitioner, Invest Assets Securitisations & Reconstruction Private Limited, an assignee holding a pari passu charge with the first respondent Bank...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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Bombay High Court Allows Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.

The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...

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Bombay High Court Allows Writ Petition by Bank Challenging Revenue Recovery Certificate for Land Revenue. Secured Creditor's Mortgage Prevails Over State's Claim for Arrears of Land Revenue Under Maharashtra Land Revenue Code, 1966.

The petitioner, Union Bank of India, a body corporate under the Banking Companies (Acquisition & Transfer of Undertakings) Act V of 1970, filed a writ...