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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Arbitral Award for Violation of Natural Justice and Public Policy. Failure to Provide Opportunity to Cross-Examine Key Witness and Non-Consideration of Vital Evidence Renders Award Patently Illegal.

The appellant, M/s Leaf Bio-Tech Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the order of the Ci...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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High Court of Karnataka Quashes BBMP Recovery Demand Against Swimming Centre for Lack of Authority. Demand for Rs. 1,93,73,184 for alleged excess water consumption set aside as BBMP lacked jurisdiction to levy such charges under the Karnataka Municipal Corporations Act, 1976.

The petitioner, M/S. PM Swimming Centre, a partnership firm, filed a writ petition under Articles 226 and 227 of the Constitution of India before the ...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Readiness and Willingness Not Proved Despite Loan Approval.

The appellant, Ritu Saxena, filed a suit for specific performance of an Agreement dated July 18, 2004, for the purchase of a flat in New Delhi for Rs....