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Bombay High Court Dismisses Appeal by Financial Institution in Suit for Recovery of Money Due to Failure to Prove Loan Agreement and Liability of Promoters. Equity Participation by Appellant Did Not Create a Debtor-Creditor Relationship with Respondents.

The appellant, EDC Limited, a financial institution, filed a suit for recovery of Rs. 17,50,000/- with interest against the respondents, M/s. GKB Opht...

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High Court of Karnataka Upholds 12% Interest Rate on Fixed Deposit After Maturity in Co-operative Society Dispute. Court holds that in absence of contractual rate, interest under Section 34 CPC is applicable, rejecting both 6% and 17% claims.

The case involves two appeals arising from a common order of a learned single Judge of the Karnataka High Court regarding the rate of interest payable...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Dismisses Winding Up Petition for Unpaid Consultancy Fees Due to Bona Fide Dispute. Disputed liability under Financial Advisor Agreement not admitted by company, held not a ground for winding up under Sections 433 and 434 of Companies Act, 1956.

The petitioner, Meghraj Capital Advisors Private Limited, filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 against Sa...

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National Consumer Disputes Redressal Commission Dismisses Appeal Seeking Substitution of Director in Consumer Execution Proceedings During CIRP. Moratorium under Section 14 of IBC does not bar substitution of director as the corporate debtor remains liable.

The case involves an appeal filed by Sudheschandra Gupta against an order dated 01.10.2021 of the State Consumer Disputes Redressal Commission, Mahara...

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Bombay High Court Makes Conditional Winding Up Order in Contract Dispute Over Endorsements. Interpretation of contract endorsements determines existence of debt under Companies Act, 1956.

The petitioner, Reliance Broadcast Network Limited, filed a winding up petition under the Companies Act, 1956 against the respondent, Raj Oil Mills Lt...