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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent chal...

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Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

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Bombay High Court Quashes Cancellation of Appointment in Zilla Parishad Service Dispute — Violation of Natural Justice. Appointment Cancellation Set Aside as Petitioner Was Not Given Opportunity of Hearing Before Cancellation Order.

The petitioner, Sarika Digambar Lokare, was appointed as an Extension Officer (Agriculture) in the Zilla Parishad, Osmanabad on 01/10/2012. She posses...

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Supreme Court Dismisses Developer's Appeals in Consumer Disputes Over Delayed Flat Possession -- NCDRC Orders Upheld for Completion, Compensation, and Costs Under Consumer Protection Act

The Supreme Court addressed three civil appeals arising from NCDRC orders in consumer complaints filed by flat buyers against Parsvnath Developers Ltd...

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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...