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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement of Sale Not Proved Due to Absence of Attesting Witness and Discrepancies in Evidence. Plaintiffs Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The case involves two first appeals arising from suits for specific performance of agreements of sale dated 11.4.2002. The respondents (plaintiffs) cl...