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Supreme Court Affirms Guarantor's Independent Liability Despite Resolution Plan. Guarantor's obligations remain intact; assets of subsidiaries excluded from holding company’s resolution plans, creditor rights upheld

The Supreme Court of India affirmed that the approval of a resolution plan for a corporate guarantor does not absolve the principal borrower of its li...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Detention Order Quashed Due to Lack of Specificity in Grounds. Court emphasizes the need for clear and specific reasons for preventive detention to uphold constitutional safeguards.

The detention order of Rakesh Ramdas Jejurkar under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). The or...

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Writ Petition Seeking Quashing of Criminal Case Against Former Bank Director. A legal battle over the applicability of the Maharashtra Protection of Interest of Depositors Act to cooperative banks in India.

Writ petition filed under Article 226 of the Constitution of India along with Section 482 of the Code of Criminal Procedure, seeking the quashing of a...

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Supreme Court Validates NCLAT's Ruling on Financial Debt Classification under IBC. Global Credit Capital Limited and others deemed financial creditors in Mount Shivalik Industries Ltd. insolvency case.

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal (NCLAT), confirming that the appellants are financial creditors u...

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Supreme Court Upholds Setting Aside of Auction Sale Due to Non-Compliance by Bank. Failure to Follow Mandatory 30-Day Notice Under SARFAESI Rules Leads to Auction Sale Cancellation.

The Supreme Court upheld the setting aside of an auction sale due to the Bank's failure to follow the statutory requirement of a 30-day notice under R...

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Supreme Court Reiterates: Statutory Remedies Must Be Exhausted in SARFAESI Disputes. When alternative statutory remedies exist, courts should not entertain writ petitions under Article 226.

The Supreme Court dealt with the legality of a High Court's interference in an auction sale under the SARFAESI Act, despite the availability of an alt...

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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...