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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

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High Court of Karnataka Dismisses Appeal Challenging DICGC Act Provisions in Cooperative Bank Deposit Insurance Dispute. Sections 18A(5) and 21(3)(4) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, held constitutional and not arbitrary.

The appellant, Sri G.K. Gururaja Rao, Secretary of Sri Guru Raghavendra Sahakara Bank Niyamitha, filed a writ petition under Article 226 of the Consti...

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High Court of Karnataka Adjudicates Writ Petition Challenging Rejection of Applications for Deletion of Defendants. The Court Examines Whether Directors and Former Employees Are Necessary Parties in a Suit for Breach of Contract Under Order 1 Rule 10 of Code of Civil Procedure, 1908.

The matter concerns a writ petition filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India challenging an or...

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Bombay High Court Quashes IDBI Bank's Wilful Defaulter Declaration Against Non-Executive Director. The Court Holds that Failure to Provide Copies of Documents and Fair Hearing Violates Principles of Natural Justice and RBI Guidelines.

Background: The writ petition was filed by a non-executive director of Ruchi Soya Industries Limited, a public listed company, challenging his declara...

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Bombay High Court Dismisses Appellants' Second Appeal in Property Dispute, Upholding Concurrent Findings That Plaintiffs Failed to Prove Title and Possession. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Did Not Discharge Burden of Proof Under Section 100 CPC.

The case involves two second appeals arising from a property dispute between the legal representatives of Balaji Ramaiya Manthanwar (appellants) and G...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Cooperative Dispute with Liberty to File Fresh Suit. Cooperative Appellate Court's Order Permitting Withdrawal with Liberty Upheld as No Prejudice Caused to Opposite Party.

The petitioners, Shree Champalal Kothari Trust and others, challenged a judgment of the Cooperative Appellate Court dated 1 October 2019, which confir...