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Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

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Bombay High Court Quashes Consumer Commission Order and Bailable Warrants Against NBFC in Moratorium Period — Insolvency and Bankruptcy Code Moratorium Bars Continuation of Proceedings Under Consumer Protection Act, 2019.

The petitioner, SREI Equipment Finance Limited, a non-banking financial corporation, challenged an order dated 20.07.2022 passed by the District Consu...

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Bombay High Court Dismisses Appeal as Infructuous After Suit Transferred to Debts Recovery Tribunal and Disposed. Appeal becomes infructuous when the underlying suit is transferred to a Debts Recovery Tribunal and disposed of.

The appeal arose from Summary Suit No.2608 of 1992 filed by Punjab & Sind Bank and others. The suit was transferred to the Debts Recovery Tribunal-II,...

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Bombay High Court Dismisses Appeal as Infructuous in Bank Recovery Suit — Suit Already Disposed of by Debts Recovery Tribunal. Appeal becomes infructuous when the underlying suit is transferred to and disposed of by the Debts Recovery Tribunal, leaving no live controversy.

The present appeal arose out of Summary Suit No.1860 of 1992 filed by Punjab & Sind Bank against the appellants and others. The suit was transferred t...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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High Court Dismisses Bank's Petition Challenging Interest on Delayed Gratuity Payment Under Section 7(3A) of Payment of Gratuity Act, 1972. Service Regulations Cannot Override Statutory Mandate for Interest on Delayed Gratuity.

The case involves a writ petition filed by Allahabad Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Under...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...

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High Court of Bombay at Goa Dismisses Petition Seeking CBI Investigation in Cheating Cases — No Bias or Mala Fides Established Against Investigating Agency. Police Investigation Under Section 173(8) CrPC Can Continue Even After Charge-Sheet, and Victims Have Alternative Remedies Before Magistrate.

The petitioners, eight individuals, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...