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Search Results for "receiver appointment"

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High Court

Bombay High Court Restrains Recovery of Excise Duty from Sick Industrial Company Without BIFR Consent. The court held that Section 22(1) of SICA bars coercive recovery of dues without prior consent of BIFR, protecting the petitioner-company's assets.

16 Mar 2005

The petitioner, Polymermann (ASIA) P. Ltd., is an industrial unit engaged in the manufacture of polymer chemicals, with its factory at MIDC, Ambad, Na...

High Court

Bombay High Court Sanctions Scheme of Arrangement for Demerger and Restructuring of Nocil Under Sections 391-394 of Companies Act, 1956. Court Approves Demerger of Petrochemicals and Polymer Division and Plastic Products Division into Two Separate Companies, Subject to Conditions Including Employee Protection and Compliance with Accounting Standards.

8 Jun 2005

The Bombay High Court considered three company petitions filed under sections 391 to 394 of the Companies Act, 1956, by National Organic Chemical Indu...

High Court

Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

High Court

Bombay High Court Dismisses Challenge to Arbitrator's Interim Order in Copyright License Dispute — Balance of Convenience and Irreparable Loss Considered. The court upheld the arbitrator's order restraining the petitioner from exploiting films and directing delivery of materials, finding no perversity or jurisdictional error under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996.

30 Jan 2013

The petitioner, Moser Baer Entertainment Limited, filed a petition under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging a...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Against Foreign Sovereign and Union of India for Want of Consent Under Section 86 CPC and Being Time-Barred. Suit Against Sovereign Head of Netherlands Dismissed as Plaint Did Not Disclose Cause of Action and Was Barred by Limitation.

27 Feb 2013

The appellant, K.S. Dhondy, filed a suit in the Bombay High Court for recovery of US $25 million with interest against two respondents: Her Majesty th...

High Court

Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

9 Apr 2013

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — No Patent Illegality Found. The court upheld the award granting balance machinery price and interest, rejecting claims of breach for non-procurement of insurance under the Arbitration and Conciliation Act, 1996.

26 Apr 2013

The petitioner, M/s. Neptune Marine Pvt. Ltd., challenged an arbitral award dated 18 August 2008 and a modified award dated 30 January 2012 under Sect...

High Court

Bombay High Court Dismisses Petition for Interim Relief in Partnership Dispute — No Prima Facie Case for Appointment of Receiver or Injunction. Claim of sole heir to partnership assets fails as partnership deed provided for continuation of firm on death of partner, and petitioner's rights are subject to arbitration.

19 Sep 2013

The petitioner, Fatima Correa, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

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