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Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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Bombay High Court Dismisses Appeal Seeking Enforcement of Consent Terms Against Non-Signatory Defendant in Debenture Dispute. Interpretation of Consent Decree Held That Clause 11(a) Obligation to Pay Was Only on Defendant No.5, Not Defendant No.6, Who Was Not a Party to the Consent Terms.

The case involves two appeals filed by the original Defendant No.5 (Dewanchand Ramsaran Trading Pvt. Ltd. and others) against a common order of the le...

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Bombay High Court Dismisses Second Appeal in Promotion Dispute Against Co-operative Bank — Bank Not 'State' Under Article 12. Employee's Claim for Promotion to Deputy Chief Officer Fails as Technical Cadre Employee Not Entitled to Consideration for General Cadre Post.

The appellant, Sudhir Chatarpal Kedar, a Civil Engineer, was appointed as Engineer/Officer Grade-I in the Maharashtra State Co-operative Bank in July ...

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Edelweiss Asset Reconstruction Company Ltd. vs. Meeti Developers Pvt. Ltd. A dispute over the enforcement of a mortgage and redevelopment rights amidst insolvency proceedings.

The case involves a legal dispute between Edelweiss Asset Reconstruction Company Ltd. (Plaintiff) and Meeti Developers Pvt. Ltd. (Defendant) over a lo...

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Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...