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High Court of Judicature at Bombay Nagpur Bench Hears Letters Patent Appeals Against Writ Petition Order in Co-operative Sugar Factory Dispute — Appeals involve allegations of mismanagement, enquiry under Section 83 of Maharashtra Co-operative Societies Act, 1960, and liquidation proceedings.

The High Court of Judicature at Bombay, Nagpur Bench, heard two Letters Patent Appeals (No. 197 of 2009 and No. 239 of 2009) arising from Writ Petitio...

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Bombay High Court Quashes Consumer Commission Order and Bailable Warrants Against NBFC in Moratorium Period — Insolvency and Bankruptcy Code Moratorium Bars Continuation of Proceedings Under Consumer Protection Act, 2019.

The petitioner, SREI Equipment Finance Limited, a non-banking financial corporation, challenged an order dated 20.07.2022 passed by the District Consu...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Cooperative Bank Loan Recovery Case. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996 and Section 84 of Multi-State Cooperative Societies Act, 2002, finding no grounds for interference.

The petitioners, Vedansh Hospitality and Resorts Limited and two individuals, were original respondents in an arbitration proceeding initiated by New ...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent chal...

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Bombay High Court Allows Writ Petition for Return of Security Deposit in Tender Dispute - Bank Cannot Forfeit Deposit Without Express Contractual Term. Petitioner withdrew offer before acceptance; no concluded contract; Bank directed to refund Rs.25,00,000/- with interest.

The petitioner, M/s. Bholenath Trading Company, a partnership firm, submitted a tender in response to a tender notice dated 9.10.2004 issued by the re...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...