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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Set Off of Unabsorbed Business Loss Against Profits of Erstwhile 10A Unit. Tribunal's Order Allowing Set Off of Brought Forward Loss of Assessment Year 2002-03 Against Profits of 10A Unit in Assessment Year 2005-06 Upheld.

The case involves two appeals by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, M...

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Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation.

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was or...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Dismisses Petitions Challenging Tender Cancellation and Re-Tender for Lease of Land for Hotel Development. MHADA's decision to cancel tender and invite fresh bids upheld as valid exercise of administrative discretion, not arbitrary or mala fide.

The Mumbai Housing and Area Development Board (MHADA) owned a plot of land in Powai, Mumbai, and invited tenders in November 2004 for a 90-year lease ...

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Bombay High Court Dismisses Bank's Writ Petitions Against Labour Court Orders in Recovery Proceedings Under Section 33C(2) of Industrial Disputes Act, 1947 — Held That Assignee Bank Steps Into Shoes of Transferor and Is Liable for Pre-Transfer Claims of Workmen.

The petitioners, the Authorized Officer and Chairman & Managing Director of IDBI Bank (Stressed Assets Stabilization Fund), filed four writ petitions ...