Search Results for "Hypothecation Agreement"

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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Supreme Court Resolves Arbitration Jurisdiction Conflict in Partnership Dispute -- High Court Contradictory Orders on Arbitration Agreement Validity Set Aside -- Civil Suit Directed to Proceed for Determination of Admission Deed Validity

The Supreme Court resolved conflicting High Court orders regarding arbitration in a partnership dispute where the existence of the arbitration agreeme...

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Supreme Court Upholds Farmers' Insurance Claim in Cold Storage Fire — Insurer Liable Despite No Privity of Contract. Farmers are Consumers Under Consumer Protection Act, 1986, and Insurance Company Must Pay for Loss of Stored Agricultural Produce.

The case involves multiple appeals arising from a common order of the National Consumer Disputes Redressal Commission regarding a fire that occurred o...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a group of pe...