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Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

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High Court of Karnataka Quashes Insurance Ombudsman Award for Violation of Natural Justice — Employer Not Heard Before Award. Group Personal Accident Policy Claim Decided Without Notice to Employer, Award Set Aside and Remitted for Fresh Hearing.

The petitioner, M/s. Toyota Kirloskar Motor Pvt. Ltd., is a company engaged in the manufacture of motor vehicles. It had contracted a 'Group Personal ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Dismisses Grampanchayat's Challenge to Quarry Lease Renewal — No Prior Environmental Clearance Required for Renewal Under 1994 Notification. The Court held that the EIA Notification 1994 does not apply to renewals of leases granted before its enactment.

The case involves a writ petition filed by Grampanchayat Ambegaon through its Sarpanch Dattatray Maruti Marne, challenging the renewal of a quarry lea...

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Bombay High Court Dismisses NSE's Defamation Suit Against Journalists, Upholds Freedom of Speech in Public Interest Reporting. Court holds that a public body like NSE must establish 'special damage' for defamation injunction and that fair comment on matters of public interest is protected.

The National Stock Exchange (NSE) filed a defamation suit against Moneylife Media Private Limited, Sucheta Dalal, and Debashish Basu, seeking an injun...