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High Court of Bombay at Nagpur Allows Bank's Petition Against Registrar's Refusal to Register Original Application in Debt Recovery Case. Registrar's Role is Ministerial and Cannot Decide Tenability Under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993.

The petitioner, Bank of India, a nationalized bank, had granted financial assistance to a limited company, with Ms. Avantika Chauhan as a guarantor. T...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Nomination Papers in Cooperative Society Election. Failure to Sign Affidavit-B Held to be a Minor Defect Curable Under Rule 21(2) of the Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.

The petitioners, Baghele Narottam Gendlal and Thakre Mangal Chudaman, filed writ petitions challenging the rejection of their nomination papers for el...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Nomination Papers in Cooperative Society Election. Minor Defect of Non-Signing of Affidavit-B Held Curable Under Rule 21(2) of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.

The petitioners, Baghele Narottam Gendlal and Thakre Mangal Chudaman, filed writ petitions challenging the rejection of their nomination papers for el...

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Bombay High Court Dismisses Civil Revision Against Permission to Withdraw Suit with Liberty to File Fresh Suit. Withdrawal Allowed Under Order XXIII Rule 1 CPC as Plaintiff Sought to Withdraw Due to Technical Defect, Not Abuse of Process.

The original defendants in Regular Civil Suit No. 22 of 2004 challenged the order dated 1st January 2014 passed by the learned Adhoc District Judge-1,...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Allows Writ Petition Challenging Tender Cancellation in PMGSY Contract — Violation of Natural Justice and Arbitrary Action. Tender Cancellation Without Show Cause Notice and Without Considering Lowest Bidder's Rights Held Illegal Under Article 14 and 226 of Constitution.

The petitioner, M/s. Mundhe Contractors, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging the canc...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...