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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

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Bombay High Court Considers Appeal Against Single Judge's Order in Insolvency Petition Involving Disputed Possession of Flat. The Appeal Challenges Disposal of Motions by Official Assignee and Secured Creditor Under SARFAESI Act.

The appeal arose from an order passed by a Single Judge of the Bombay High Court disposing of two notices of motion and a report in an insolvency peti...

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Madras High Court Appoints Sole Arbitrator and Grants Interim Relief in Financial Dispute Over Hypothecated Assets. Court allows appointment of Receiver under Section 9 of Arbitration and Conciliation Act, 1996 to preserve assets pending arbitration.

The petitioner, Vivriti Capital Limited, filed Arb.O.P.No.720 of 2025 under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Delivers Common Judgment in Letters Patent Appeals Against Dismissal of Writ Petitions in Land Lease Resumption Case — Outcome Not Stated in Provided Excerpt

The dispute pertained to a plot of land in Bandra, Mumbai, originally leased by the Secretary of State for India in 1906 to Mrs. E.J. Menesse and othe...

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Supreme Court Allows Donees to Lead Oral Evidence Contradicting Deed of Gift in Insolvency Proceedings Under Section 55 of Presidency-towns Insolvency Act, 1909. Section 92 of Evidence Act Held Inapplicable as Official Assignee Is Not a Representative in Interest of the Insolvent.

This appeal arose from proceedings initiated by the Official Assignee of Bombay under Section 55 of the Presidency-towns Insolvency Act, 1909, to decl...

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High Court of Bombay Considers Official Liquidator's Plea for Handover of Assets and Records of Companies in Liquidation. Law Enforcement Agencies' Seizure of Properties and Books of Account Examined in Context of Winding Up Proceedings Under Companies Act, 1956.

The proceedings involved multiple Official Liquidator’s Reports and a Company Application arising out of the winding up of M/s. City Limouzines (Ind...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case for Notified Person Under Special Court Act. Interest under Sections 234A, 234B, and 234C of Income Tax Act, 1961 not chargeable due to assets being vested in Custodian.

The case involves an appeal by the Commissioner of Income Tax against the decision of the Income Tax Appellate Tribunal which held that the assessee, ...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Supreme Court Upholds Immunity of Provident Fund Amounts from Attachment Under Section 3(1) of Provident Funds Act, 1925. Attachment of Money Held by Reserve Bank for Transmission Abroad Declared Contrary to Law as Railway Administration was Trustee.

The dispute arose from execution proceedings against a retired railway employee, B, who had subscribed to the State Railway Provident Fund and opted f...