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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

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Bombay High Court Dismisses Bank's Revision Against Rejection of Plaint Rejection Application in SARFAESI Act Suit. Civil Court's Jurisdiction Not Barred Where Tenant Claims Independent Tenancy Rights Under Section 17(4A) and 13(4) of SARFAESI Act, 2002.

The Bombay High Court at Nagpur dismissed a civil revision application filed by Dena Bank (defendant no.2) challenging an order of the trial court tha...

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Bombay High Court Allows Writ Petition Against MIDC for Unilateral Rescission of Land Allotment — MIDC's Action Held Arbitrary and Violative of Natural Justice. Concluded Contract Exists Upon Acceptance of Consideration, Entitling Petitioner to Specific Performance.

The petitioners, Kamlakar Bhimrao Patil and Terrafirm Softtech Private Limited (formerly Everest Realtors Pvt. Ltd.), filed a writ petition under Arti...

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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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High Court of Karnataka Allows Writ Petition to Lift Attachment of Mortgaged Properties in Favor of State Financial Corporation Over Income Tax Recovery. Priority of secured creditor under Section 46A of State Financial Corporations Act, 1951 prevails over Crown debt for income tax arrears.

The petitioner, Karnataka State Industrial Investment Development Corporation Ltd., a State owned Corporation and a Financial Institution governed by ...