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Bombay High Court Dismisses Winding Up Petition for Lack of Bona Fides and Substantial Defence. Company's claim of disputed debt and pending civil suit found to be a bona fide defence against winding up under Sections 433 and 434 of the Companies Act, 1956.

The petitioner, M/s. Joshi Bullion Gems & Jewellery Pvt. Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 again...

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Madras High Court Allows Appeal in Part in Foreign Award Enforcement Case, Remands for Consideration of Group of Companies Doctrine. The court held that the group of companies doctrine may bind a non-signatory to an arbitration agreement if there is commonality of interest and involvement in the contract.

The appellant, LSS Ocean Transport DMCC, a company incorporated in UAE, filed an appeal against an order dated 16.10.2023 in Arb.O.P.No.(Comm.Div.) 19...

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Madras High Court Dismisses Challenge to Land Acquisition Under NH Act for Highway Widening — Removal of Difficulties Order 2015 Upheld. NH Act, 1956 prevails over 2013 Act; technical approval not a condition precedent for Section 3-A notification.

The judgment concerns three writ petitions filed by landowners challenging the land acquisition proceedings for the four-laning of National Highway 74...

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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

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High Court Dismisses Review Petition in Public Tender Dispute — Petitioner Not a Necessary Party to Earlier Writ. Review of Coordinate Bench Judgment Not Maintainable as Petitioner Was Not Impleaded and No Error Apparent on Record.

The petitioner, M/S SAPL-GCC JV, was a participant in a public tender called by the New Mangalore Port Trust (NMPT) for construction of breakwater. Th...

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Supreme Court Allows Appellant in Amendment of Plaint to Add Alternative Claim Despite Limitation Bar. All necessary facts already pleaded; interest of justice warranted amendment under Order VI Rule 17 of Code of Civil Procedure, 1908.

The dispute arose from a commercial transaction where the appellants, L. J. Leach and Company Ltd., filed a suit for damages against the respondents, ...