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Bombay High Court Quashes ESIC Demand Notices for Non-Application of Mind and Violation of Natural Justice. Employer's Failure to Produce Records Does Not Justify Ex-Parte Assessment Without Proper Opportunity of Hearing.

The petitioners, a company and its director, filed a writ petition before the Bombay High Court challenging various demand notices, recovery notices, ...

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Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...

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Bombay High Court Dismisses Petition Challenging Tender Condition Requiring Minimum Net Worth of Rs. 100 Crore for RTA Empanelment. Condition Held Not Arbitrary or Discriminatory as It Serves Legitimate Purpose of Ensuring Financial Stability and Capacity to Handle Large Volume of Shareholder Data.

The petitioner, Alankit Assignments Limited, a company providing Registrar and Share Transfer Agent (RTA) services, challenged a tender condition issu...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

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Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

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Bombay High Court Dismisses Revocation of Probate Petition for Lack of Just Cause Under Section 263 of Indian Succession Act, 1925. Court holds that mere existence of other legal heirs does not constitute fraud when probate was granted after due citation and without objection.

The case involves a petition for revocation of probate filed by Dinesh Madhukar Parshetye (the petitioner) under Section 263(b) of the Indian Successi...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Media Agency Contract Dispute. Rejects Limitation Objection as Not Ex-Facie Time-Barred, Holding That Limitation Is a Mixed Question of Fact and Law to Be Decided by the Arbitrator.

The applicant, TLG India Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole...

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Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...