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Bombay High Court Set Aside the Debt Recovery Appellate Tribunal’s (DRAT) Order — Directs DRAT to Decide Appeals on Merits. Revisiting the Scope of Appellate Authority and Jurisdiction — Emphasis on Avoiding Routine Remands — Upholding Judicial Efficiency and Finality of Decisions

The DRAT, as an appellate authority, has the duty to decide all issues based on the material available on record. Routine and unjustified remands del...

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Bombay High Court Dismisses Royal Traders' Plea for Waiver in SARFAESI Act Appeal. The court reinforces the necessity of pre-deposit compliance under Section 18(1) of the SARFAESI Act and dismisses petitions seeking waiver.

The judgment clarifies the scope of Section 18(1) of the SARFAESI Act, 2002, particularly the conditions for pre-deposit waivers by borrowers appealin...

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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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Non-Executive Woman Director Quits “Willful Defaulter” Tag for Lack of Notice: Natural Justice Prevails High Court quashes declaration of "willful defaulter" against Non-Executive Woman Director citing violation of natural justice.

1. Introduction (Paras 1-3) The Petitioner, a Non-Executive Woman Director of PSL Limited, challenged a letter dated 16 July 2018 that declared her a...

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Corporate Insolvency Resolution and Moratorium Effects on Judicial Deposits" The judgment addresses the interplay between the Insolvency and Bankruptcy Code (IBC) moratorium provisions and judicial deposits in appellate proceedings.

This case examines Siti Networks Ltd.'s request to withdraw funds deposited in court as part of an ongoing appellate proceeding after entering the Cor...

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Supreme Court Clarifies Scope of Arbitration and Limitation in Insolvency Context. Balancing Arbitration Rights with Insolvency Proceedings under IBC and Limitation Law

  Factual Background HPCL Bio-Fuels Ltd., a government-owned entity, engaged M/S Shahaji Bhanudas Bhad for a turnkey project to enhance b...

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Implementation and Obligations in Corporate Resolution Plans Under IBC, 2016. Supreme Court clarifies conditions for adjusting Performance Bank Guarantees in insolvency resolutions.

The Supreme Court’s decision in State Bank of India & Ors vs. Consortium of Murari Lal Jalan and Florian Fritsch & Anr addresses key aspect...

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Supreme Court Dismisses NOIDA SEZ Authority Appeal on Resolution Plan for Shree Bhoomika International Ltd. Upholds Commercial Wisdom in the Corporate Insolvency Process.

The Supreme Court of India dismissed the appeal by the NOIDA Special Economic Zone (SEZ) Authority challenging the resolution plan approved by the Nat...

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Dispute Over Insolvency Proceedings and Settlement. A pivotal judgment addressing the scope of inherent powers under Rule 11 of NCLAT Rules for settling insolvency proceedings before the constitution of the Committee of Creditors.

The Supreme Court of India examined the legality of a settlement approved by the National Company Law Appellate Tribunal (NCLAT), which was challenged...