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NCLAT Dismisses Appeal by Suspended Director Against Admission of Section 9 Application by Operational Creditor. Pre-existing Dispute Not Established as Operational Creditor's Claim for Refund of Advance Payment Was Not Disputed Prior to Demand Notice Under Section 8 of Insolvency and Bankruptcy Code, 2016.

The appeal was filed by Bhawani Prasad Mishra, a suspended director of B.S. Ispat Pvt. Ltd. (Corporate Debtor), challenging the order dated 26.03.2025...

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COMMERCIAL ARBITRATION APPLICATION NO. 119 OF 2024

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High Court Dismisses Petition to Quash Complaint Under PCPNDT Act; Violations in Form F and Records Amount to Contravention. Proviso to Section 4(3) of PCPNDT Act Mandates Complete Record-Keeping and Any Deficiency or Inaccuracy is Deemed Contravention of Sections 5 or 6 Unless Contrary Proved.

The petitioners, doctors running a hospital and sonography centre, sought quashing of a criminal complaint filed by the Appropriate Authority under th...

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High Court of Bombay Dismisses Winding Up Petition for Lack of Service of Statutory Notice Under Section 434 of Companies Act, 1956. Petitioner Failed to Prove Respondent's Inability to Pay Debts as Statutory Notice Not Served at Registered Office.

The petitioner, Store One Retail India Ltd., filed a company petition under the Companies Act, 1956 seeking winding up of the respondent, Waterfall In...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Madras High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Remand Order. First Appellate Court Failed to Appoint Commissioner to Measure Property as Per Sale Deeds, Vitiating Its Judgment.

The case involves a property dispute where the plaintiff originally filed a suit for declaration, permanent injunction, and mandatory injunction. The ...

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Bombay High Court Dismisses Guarantor's Challenge to Ex-Parte Arbitral Awards in Favor of Tata Capital Financial Services Limited. Lack of Proper Service and Limitation Barred Setting Aside of Awards Under Section 34 of the Arbitration and Conciliation Act, 1996.

The judgment concerns four arbitration petitions filed by Sawarmal Gadodia, a guarantor, challenging ex-parte arbitral awards passed against him in fa...

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Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...