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Bombay High Court Allows Appeal and Annuls Insolvency Adjudication After Debtor Deposits All Creditor Claims. Debtor's Compliance with Court Order to Pay All Claims Justified Annulment Under Section 35 of Presidency Towns Insolvency Act, 1909.

The appeal arose from an order dated December 3, 1996, by which the Insolvency Court adjudicated the appellant, Mulji Harshi Shah, as insolvent. The a...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation.

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was or...

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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...