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Karnataka High Court Hears Writ Petition Challenging Forfeiture of Earnest Money by KSFC in E-Auction Under SARFAESI Act. Petitioner Claims Suppression of Pending Suit and Interim Order Affected Marketable Title, Rendering Auction Notification Fraudulent.

The petitioner, N. Lakshmana, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka seeking...

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Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

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High Court of Karnataka Dismisses Intra-Court Appeal Against Look-Out Circulars Issued by Banks Due to Default of Rs.2800 Crores. Court Holds that Petitioner’s Concession to Banks’ Power and Pending Suits Justify Travel Restriction Under Office Memoranda.

The intra-court appeal arose from the dismissal of a writ petition that challenged two Look Out Circulars issued by Bank of Baroda and Punjab National...

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Bombay High Court Pronounces Judgment in Criminal Appeal Against MPID Court's Order Rejecting Application to Declare Attachment Void. Appeal Raises Questions on Compliance with Sections 4 and 5 of the Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999.

The criminal appeal before the Bombay High Court arose from an order of the designated court under the Maharashtra Protection of Interests of Deposito...

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High Court of Judicature at Bombay Interprets Conditions for Debtor's Insolvency Petition Under Presidency Towns Insolvency Act, 1909. Court Clarifies That Allegation of Inability to Pay Debts is Sufficient While Entitlement to Present Petition Must Be Proved Under Section 14.

The judgment dealt with two debtors' insolvency petitions filed by a father and son duo under the Presidency Towns Insolvency Act, 1909 (PTI Act). The...

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Bombay High Court Hears Writ Petition Challenging Validity of Reopening Notice Under Section 148 of Income Tax Act for Assessment Year 2015-16. The Reopening Based on Alleged Escaped Income from Capital Reduction Transaction Is Contested on Grounds of Full Disclosure During Original Assessment.

The petitioner, an investment holding company incorporated in Singapore and under creditors' voluntary liquidation, held shares in Lehman Brothers Cap...

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High Court of Karnataka Adjudicates Multiple Petitions Under Section 11 of Arbitration Act for Appointment of Sole Arbitrator in Loan Agreements. Petitions Filed by Financial Services Company Against Borrowers Under Loan and Security Agreements Containing Clause 21 Arbitration Clause.

The petitions were filed by Caterpillar Financial Services India Private Limited, a company incorporated under the Companies Act, 1956, against variou...