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Bombay High Court Quashes 13-Year-Old Show Cause Notice for Inordinate Delay in Adjudication — Failure to Adjudicate Within Reasonable Time Violates Principles of Natural Justice and Statutory Scheme Under Finance Act, 1994

The petitioner, UPL Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution of Indi...

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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute. Dispute Arising from Business Transaction for Onion Supply Held Not to Attract Criminal Offences Under Sections 409, 420 IPC as Ingredients of Criminal Breach of Trust and Cheating Not Made Out.

The applicant, Surendrakumar Bhagat, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.221 of...

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Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued.

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisatio...

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Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Claim Dispute. Claim for demurrage and detention charges held time-barred under Article 55 of Limitation Act, 1963 as the cause of action arose on completion of discharge, not on subsequent demand.

The Petitioner, National Iranian Tanker Company, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majorit...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Cooperative Bank Loan Recovery Case. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996 and Section 84 of Multi-State Cooperative Societies Act, 2002, finding no grounds for interference.

The petitioners, Vedansh Hospitality and Resorts Limited and two individuals, were original respondents in an arbitration proceeding initiated by New ...

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...