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Bombay High Court Allows Bank to Participate in Auction of Attached Sugar Stock in Workers' Dues Recovery Case. The court held that the direction to recover under MLR Code was beyond Section 33C(1) of Industrial Disputes Act, 1947, but permitted the bank to participate in auction of attached sugar.

The Maharashtra State Cooperative Bank Ltd. (petitioner) had advanced loans to Yashwant Sahakari Sakhar Karkhana (respondent No.4), a sugar factory, a...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...

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Bombay High Court Dismisses Writ Petition Challenging EPF Recovery Proceedings Against Corporate Debtor Under IBC Moratorium. Held that Section 14 of IBC does not bar EPF recovery proceedings under Section 7A of EPF Act as they are not 'assets' of corporate debtor but trust money.

The petitioner, Galvanotek Industries Private Ltd., a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016...

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Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed.

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direc...

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Bombay High Court Allows State Appeal in Stamp Duty Dispute — Conveyance Deed Not Exempt Under Article 5(e) of Schedule I of Bombay Stamp Act, 1958. Transfer of Development Rights (TDR) by CIDCO to Developer Held Liable to Stamp Duty as Conveyance, Not as Instrument of Lease or License.

The case involves two Letters Patent Appeals filed by the State of Maharashtra and other stamp authorities against a common judgment of a learned Sing...

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Bombay High Court Quashes Criminal Proceedings Against Co-opted Director in Bank Fraud Case Due to Lack of Evidence. Petitioner, a medical practitioner co-opted as director of a cooperative bank, was not named in charge-sheets and no material showed her involvement in alleged misappropriation.

The petitioner, a medical practitioner, was co-opted as a director of Samta Sahakari Bank Ltd., a cooperative society running banking business, from 1...