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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 Upholds Eviction Order Under Public Premises Act but Reduces Damages — LIC vs NIC Dispute Over Flat Occupancy. The court held that the Appellate Authority's reduction of damages and stay on execution pending High Power Committee decision was justified, but eviction order was valid.

The dispute involves two public sector undertakings: Life Insurance Corporation of India (LIC), the owner of a flat, and National Insurance Company Lt...

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Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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High Court of Bombay at Goa Upholds Enhanced Compensation for Land Acquired for Tillari Irrigation Project — Market Value Fixed at Rs. 200 per sqm Based on Comparable Sale Deed. Claimants' Appeal for Further Enhancement Dismissed as Reference Court's Deduction of 20% for Development Was Reasonable.

The judgment arises from two cross-appeals challenging the Award dated 15th September 2005 passed by the Additional District Judge, Fast Track Court, ...