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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale Due to Alternative Remedy and Suppression of Facts. Petitioner, a Director and Shareholder of Mortgagor Company, Failed to Disclose Rejection of OTS and Auction Sale, Leading to Dismissal with Costs.

The petitioner, Ms. Archana Wani, a director and shareholder of respondent No. 5 (N. Kumar Housing and Infrastructures), filed a writ petition under A...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case. Municipal Corporation's Prior Consent to Resolution Plan Precludes Later Objections Under IBC.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld ...

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Bombay High Court Dismisses Petitions Challenging Transfer of Assistant Professors from Autonomous College. Government retains administrative control over employees recruited before grant of autonomy, and transfer order is not ultra vires.

The petitioners, Assistant Professors, were recruited by the State Government before their college became autonomous. Subsequently, the government tra...

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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...