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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 Appeal of Auction Purchaser in SARFAESI Act Case — High Court Erred in Entertaining Writ Petition Despite Alternative Remedy. Restoration of Securitization Application After Full Payment and Sale Certificate Issuance Held Improper.

The appeal arises from an order of the Division Bench of the High Court for the State of Telangana at Hyderabad, which set aside the DRT's order dismi...

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Supreme Court Dismisses Developer's Appeals in Consumer Dispute Over Delayed Housing Project. Developer's liability to refund allottees upheld due to breach of construction timeline under Tripartite Agreement, with consumer fora jurisdiction affirmed despite arbitration clause.

The dispute arose from a housing project named 'Pride Asia' in Chandigarh, where the Chandigarh Housing Board (CHB) was appointed as the nodal agency ...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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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 PIL Challenging Land Allotment to Bhartiya Vidya Bhavan for School and Playground. Court upholds allotment as consistent with development plan reservation and public interest.

The case is a Public Interest Litigation (PIL) filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the allot...

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Bombay High Court Dismisses Petitions Challenging Refusal of Permission for Sale of Trust Property Under Section 36 of Bombay Public Trusts Act, 1950. The Court Held That the Charity Commissioner's Refusal Was Justified as the Trust Failed to Show Urgent Necessity or Benefit to the Trust.

The judgment concerns two writ petitions challenging a common order dated 19.4.2005 passed by the Charity Commissioner, Pune, refusing permission unde...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...