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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Madras High Court Dismisses Writ Petition Challenging Bank's Set-off of Fixed Deposit Against Loan Default Under SARFAESI Act. Bank's Right to Set-off Margin Money Fixed Deposit Against Outstanding Loan Upheld as Contractual and Statutory Right Under Section 171 of Contract Act and SARFAESI Act.

The writ petitioner, M/s Chithra Agencies Private Limited, an authorized dealer of Castrol India Ltd., availed cash credit facility from Canara Bank, ...

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Supreme Court Allows Bank's Appeal, Holds Borrower of Project Loan Not a Consumer Under Consumer Protection Act, 1986. Loan availed for commercial purpose of film post-production excludes company from consumer definition under Section 2(1)(d)(ii).

The Supreme Court considered two appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 30.08.2023. The ap...

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High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Stay in Cooperative Society Recovery Proceedings. Petitioner Failed to Demonstrate Prima Facie Case or Irreparable Loss in Auction of Mortgaged Property Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shri Shrirang Gajanan Hole, a member of Respondent No.2 Society (Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit), challen...

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Bombay High Court Dismisses Bank's Petition in Guarantee Dispute Due to Lack of Privity of Contract. Guarantee Agreement Held Unenforceable as Principal Debtor Was Not a Party to the Contract Under Indian Contract Act, 1872.

The petitioner, Dena Bank, filed a writ petition challenging the order of the Debts Recovery Appellate Tribunal (DRAT) dated 27.10.2015, which dismiss...

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Bombay High Court Dismisses Second Appeal in Loan Recovery Suit — Confirms Decree for Rs. 48,168 with Interest. Plaintiff's claim for loan repayment upheld as defendants failed to prove that cheques were issued as security for a loan to plaintiff.

The plaintiff, Kishore K. Shah, filed a suit for recovery of Rs. 48,168/- with interest against the defendants, Vasanti Babli Borkar and Govind Babli ...