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Bombay High Court Dismisses Petition Challenging Transfer Order in ONGC — No Violation of Service Rules Found. Transfer order issued on administrative grounds upheld as petitioner failed to establish mala fides or breach of transfer policy.

The petitioner, Rajinder Paul Bharadwaj, was working as Manager (MM) in the Oil and Natural Gas Corporation Ltd. (ONGC) at Mumbai. He was transferred ...

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NCLAT Dismisses Appeal Against NCLT Order in IBC Case for Lack of Reasons — Appellant Failed to Show Prejudice from Impugned Order. The appeal under Section 61 of IBC was dismissed as the appellant did not demonstrate any prejudice caused by the non-speaking order.

The appellant, Dr. Yartagadda Krishna Mohan, filed a Company Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 before the National C...

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NCLAT Dismisses Appeal of Operational Creditor in IBC Section 9 Case Due to Pre-Existing Dispute. Claim for unpaid invoices rejected as Corporate Debtor raised genuine quality dispute before demand notice.

The case involves an appeal filed by APL Apollo Tubes Limited (Operational Creditor) against the rejection of its application under Section 9 of the I...

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Bombay High Court Dismisses Winding Up Petition in Power Supply Dispute Due to Bona Fide Dispute. Debt under Section 433(e) of Companies Act, 1956 not recoverable via winding up when substantial defense exists.

The petitioner, Vedanta Limited, filed a company petition seeking winding up of the respondent, Global Energy Private Limited, under Section 433(e) of...

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Bombay High Court Allows Appointment of Arbitrator in Government Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Dispute Arises from Contract for Construction Works at INS Hamla, and Court Appoints Sole Arbitrator to Adjudicate.

The applicant, M/s. Shanti Enterprises, a partnership firm engaged in construction, filed an application under Section 11 of the Arbitration and Conci...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

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NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit.

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr...