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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...

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Bombay High Court Allows Petition Challenging ESI Coverage for Sweet Shop Based on Disputed Employee Count. Court holds that ESI Corporation must determine coverage under Section 2(12) of the Employees' State Insurance Act, 1948 after proper inquiry and opportunity of hearing.

The petitioner, M/s Anil Chat Bhandar, a proprietary concern engaged in preparing and selling sweets and snacks in Nagpur, challenged orders passed by...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

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Bombay High Court Allows Customs Appeal in Rig Import Valuation Case — Upholds Reassessment Based on Higher Transaction Value. Customs Duty Demand on 'Pride Pennsylvania' Rig Upheld as Invoice Value Not Sole Determinant Under Customs Act, 1962.

The Commissioner of Customs (Imports), Mumbai, appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which h...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

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Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...