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Bombay High Court Convicts Directors for Default in Filing Statement of Affairs Under Section 454(5) of Companies Act, 1956 — Failure to Submit Statement Despite Repeated Court Orders and Notices Constitutes Offence Without Reasonable Excuse.

The Official Liquidator of M/s. Geeta Marine Services Pvt. Ltd. filed a complaint under Section 454(5) of the Companies Act, 1956 against four accused...

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Bombay High Court Dismisses Appeal in Cenvat Credit Case — Clarificatory Amendment Retrospective. Removal of capital goods without use triggers credit reversal under Rule 3(5) of Cenvat Credit Rules, 2004.

The appellant, M/s. Betts India Pvt. Ltd., filed an appeal against the order of the Commissioner of Central Excise (Appeals) confirming the demand for...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Share Purchase Agreement Dispute. Court upholds arbitral tribunal's findings on fraud, jurisdiction, and liability, rejecting allegations of perversity and violation of natural justice.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, by Avitel Post Studioz Ltd. and ...

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Bombay High Court Dismisses Admiralty Suit for Lack of Jurisdiction in Collision Case — Cause of Action in Goa, Not Bombay. Vessel Registration Alone Does Not Confer Jurisdiction Under Section 6 CPC and Letters Patent.

The plaintiffs, V.M. Salgaocar & Bros. Ltd., filed an admiralty suit in the Bombay High Court claiming damages of Rs.13,33,70,000/- with interest for ...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit for Want of Jurisdiction in Contract Dispute Involving Foreign Company. Court Holds That No Cause of Action Arose Within Territorial Jurisdiction of Nagpur Court Under Sections 15 to 20 of the Code of Civil Procedure, 1908.

The appellant, M/s. Gupta Coal India Private Limited, a company registered under the Companies Act, 1956 and having its registered office in Nagpur, f...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Allows Public Interest Litigation Against Encroachment on CIDCO Land by Minister's Relative. Court Orders Demolition of Unauthorized Glass House Construction in No Development Zone and Coastal Regulation Zone.

The petitioner, Sandeep Sharadchandra Thakur, a resident of Navi Mumbai and Vice President of a multinational company, filed a Public Interest Litigat...

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Bombay High Court Dismisses Petitions Challenging Levy Sugar Price Fixation Under Essential Commodities Act, 1955 — Levy Sugar Price Determined by Central Government Is Not Arbitrary and Does Not Violate Article 14 or 19(1)(g) of Constitution.

The petitioners, two sugar cooperative factories, filed criminal writ petitions challenging the fixation of levy sugar price by the Central Government...