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Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC.

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of My...

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High Court of Karnataka Dismisses Company Application Seeking Recall of Winding Up Petition Admission Order Against Kingfisher Airlines Limited. Company Court Has No Power to Recall or Review Its Own Order Admitting a Winding Up Petition Under the Companies Act, 1956.

The applicant, Kingfisher Airlines Limited, filed an application under Section 466 of the Companies Act, 1956, seeking recall of the order dated 30.10...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...