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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Supreme Court Upholds NCLAT Decision Setting Aside NCLT Orders Approving Resolution Plans for Earth Infrastructures Limited. Dispute Involves GNIDA's Claim Over Land Leased to Special Purpose Company and Its Subsidiaries, and the Validity of Resolution Plans Under IBC.

The Supreme Court of India heard a batch of civil appeals arising from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 30.01.2...

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Bombay High Court Dismisses Petition Challenging Technical Qualification of Consortium in Tender for Conversion of MODU to MOPU. Court upholds ONGC's decision to treat consortium as technically qualified, finding no arbitrariness or mala fides in the tendering process.

The petitioners, Afcons Infrastructure Limited and others, challenged the decision of Oil & Natural Gas Corporation Ltd. (ONGC) to treat a consortium ...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...