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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Bombay High Court Dismisses Assessee's Claim for Depreciation on Share Issue Expenses Capitalised to Plant and Machinery. Expenditure on Raising Share Capital Not Part of Actual Cost Under Section 32 of Income Tax Act, 1961, and Falls Under Section 35D as Preliminary Expenses.

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal for the assessment ye...

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Bombay High Court Allows Summary Judgment in Favor of Asset Managers in Commercial Paper Recovery Suit Despite Pending SICA Appeal. The court held that Section 22 of SICA does not bar recovery suits where BIFR has declined registration, and the defendant failed to raise any triable issue.

The plaintiffs, Pramerica Asset Managers Pvt. Ltd. and others, filed two summary suits against Deccan Chronicle Holdings Ltd. for recovery of Rs. 25 c...

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NCLAT Allows Fresh Form G to Maximize Asset Value in CIRP of Raigarh Champa Rail Infrastructure Pvt. Ltd. — Challenge Mechanism Under Regulation 39(1A)(b) of IBBI Regulations, 2016 Must Be Conducted Among Existing Resolution Applicants.

The appeal was filed by JM Financial Asset Reconstruction Company Ltd., acting as trustee of Rail December 2024 Trust, challenging the Impugned Order ...

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Supreme Court Dismisses Appeals by Appellants -- Upholds Committee of Creditors' Approval of Sarda Energy and Minerals Limited's Resolution Plan Under Insolvency and Bankruptcy Code, 2016 -- Doctrine of Commercial Wisdom Affirmed in Insolvency Resolution

The Supreme Court upheld the approval of a Resolution Plan by Sarda Energy and Minerals Limited (SEML) for SKS Power Generation (Chhattisgarh) Ltd. un...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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High Court of Karnataka Allows Liquidator's Appeal, Upholds Forfeiture of EMD and PDM for Default by Successful Bidder in Liquidation Sale. Writ Petitioner's Failure to Pay Balance Sale Consideration Within Stipulated Time Justified Forfeiture Under IBC Regulations.

The appellant, Sri Pankaj Srivastava, Liquidator of M/s Samrudhi Realty Ltd., appealed against an order dated 12.12.2024 passed by a learned Single Ju...