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Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

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Bombay High Court Dismisses Contempt Petition for Alleged Willful Disobedience of Interim Orders in Arbitration Dispute. Court holds that orders were not sufficiently clear and specific to warrant contempt proceedings, and the remedy lies in execution.

The petitioner, Sri Sai Krishna Constructions, filed a contempt petition alleging willful disobedience of two orders passed by the Bombay High Court i...

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Bombay High Court Allows Appeal Against Injunction on Bank Guarantee Invocation in Contract Dispute. Bank Guarantee is Independent Contract; No Fraud or Irretrievable Injustice Shown.

The appellant, VKE Plumbing Private Limited, was awarded a contract by respondent No.1, Blue Ridge Hotels Private Limited, for plumbing and fire fight...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Allows Appellant to Invoke Bank Guarantee in Arbitration Dispute Over Supply Contract. Court Permits Receipt of Amount Subject to Undertaking to Repay with Interest at 12% per Annum if Arbitral Tribunal Orders.

The appellant, Rashtriya Chemicals & Fertilizers Ltd., a Government of India Undertaking, placed a purchase order on 8 November 2011 with the responde...