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Bombay High Court Restrains Interference with Possession of Tenants in Wound-Up Company Property — Leave to Sue Official Liquidator Granted. Tenants of galas in a company ordered to be wound up are entitled to protection of possession and may sue the Official Liquidator with leave of the Court.

The case involves an application by tenants (Automobile & Agricultural Industries) seeking an order restraining the Official Liquidator and others fro...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

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Bombay High Court Hears FERA Appeals Against Penalty for Non-Realisation of Export Proceeds; Considers Whether Exporter Took Reasonable Steps Under Section 18(2) FERA. Court Examines Legality of Show Cause Notice and Effect of Pending RBI Write-Off Application.

The appeals were filed under the Foreign Exchange Management Act, 2000 and Foreign Exchange Regulation Act, 1973 against the order of the Appellate Tr...

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

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High Court of Bombay Hears Petition Against Rejection of Discharge Application in NA Land Permission Case; Arguments Presented. Petitioner claims immunity as Judge under Judges Protection Act and Section 77 IPC for granting NA permissions under Goa, Daman and Diu Land Revenue Code.

The petitioner, a Secretary (Finance) in the administration of Daman & Diu, Dadra and Nagar Haveli, was given additional charge of Collector in 1993. ...