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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award in Railway Laundry Contract. Petition Questions Recovery Rate for Lost Linen, Delay Penalty, Penalty Cap, and Fixed Cost Compensation Under the Arbitration Act, 1996.

The Central Railway filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 7 March 2024 ...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Bombay High Court Allows Writ Petition Challenging De-empanelment of Advocate by Bank of Baroda Without Following Principles of Natural Justice. Show-Cause Notice Issued with Premeditation Violates Right to Fair Hearing Under Article 14 of Constitution of India.

The petitioner, a registered legal practitioner since 1980 and empanelled with the Bank of Baroda for over 30 years, was de-empanelled by a communicat...

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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...