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Conditional Guarantee Found Inoperative in Absence of CDR Approval. No life to a contract where pre-conditions remain unmet, rules Bombay High Court.

The suit revolves around whether the Deed of Guarantee executed by the plaintiff, Mr. Deepen Arun Parekh, became operative. The court held that the gu...

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High Court of Karnataka Allows Transfer of Winding Up Petitions to NCLT Under Section 434(1) of Companies Act, 2013 — Mandatory Transfer of Pending Proceedings Where No Winding Up Order Has Been Passed.

The judgment concerns two company applications filed by M/s. Nitesh Residency Hotels Pvt. Ltd. seeking transfer of pending winding up petitions (Compa...

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Supreme Court Disposes of PIL Challenging Interest Accrual During COVID-19 Moratorium After Government Announces Relief Measures. Petitioner expressed satisfaction with government's decision to waive interest on specified loan categories up to Rs.2 Crores.

The petitioner, Gajendra Sharma, filed a writ petition under Article 32 of the Constitution challenging the Reserve Bank of India's notification dated...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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Bombay High Court Dismisses Petition Challenging Interim Arbitral Award in Loan Dispute. Court upholds arbitrator's power to pass interim award under Section 31(6) of Arbitration and Conciliation Act, 1996 for admitted liability of Rs.100 crores.

The petitioners, Deccan Chronicle Holdings Limited and Mr. T. Venkatram Reddy, filed a petition under Section 34 of the Arbitration and Conciliation A...

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Bombay High Court Grants Interim Injunction Under Section 9 of Arbitration Act to Prevent Payment to Contractor Pending Arbitration — Share Subscription Agreement and Concession Agreement Form Composite Transaction

The petitioner, Welspun Enterprises Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an interim injunc...

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Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...