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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Bombay High Court Dismisses Royal Traders' Plea for Waiver in SARFAESI Act Appeal. The court reinforces the necessity of pre-deposit compliance under Section 18(1) of the SARFAESI Act and dismisses petitions seeking waiver.

The judgment clarifies the scope of Section 18(1) of the SARFAESI Act, 2002, particularly the conditions for pre-deposit waivers by borrowers appealin...

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"Bombay High Court Secures Creditor's Rights: Garnishee Ordered to Deposit ₹17.41 Crores" "Judgment Debtor's Liabilities to Garnishee Confirmed via Financial Records, Strengthening Execution of Decrees."

The Bombay High Court directed Olive Global Holding Pvt. Ltd. (Respondent/Garnishee) to deposit ₹17,40,82,984/- in court. The judgment emphasizes th...

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Arbitration for Loan Recovery Dispute Court debates arbitration versus statutory remedies in SARFAESI and RDDB Acts. A high-stakes financial dispute under arbitration as lenders pursue alternative remedies through the SARFAESI Act.

Acts and Sections Discussed: Arbitration and Conciliation Act, 1996, particularly Section 11 (Appointment of Arbitrators) Securitization and Recon...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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Supreme Court Quashes Criminal Proceedings Against Accused Nos. 4 and 5 in Loan Fraud Case Due to Settlement with Bank. Commercial loan fraud case compromised between Bank and borrowers—Criminal proceedings quashed due to bleak chance of conviction.

The Supreme Court, in Criminal Appeals arising out of Special Leave Petition (Criminal) Nos. 1415 and 1416 of 2024, quashed the criminal proceedings a...

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Supreme Court Affirms Guarantor's Independent Liability Despite Resolution Plan. Guarantor's obligations remain intact; assets of subsidiaries excluded from holding company’s resolution plans, creditor rights upheld

The Supreme Court of India affirmed that the approval of a resolution plan for a corporate guarantor does not absolve the principal borrower of its li...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...