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(1) WRIT PETITION NO.4168 OF 2012

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

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Bombay High Court Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunker Supply Debt. Bunker Suppliers Have Maritime Lien Under Indian Law and Admiralty Court Has Jurisdiction to Arrest Vessel for Necessaries Supplied.

The plaintiff, Rushab Ship International LLC, filed an admiralty suit against the vessel M.V. African Eagle and others for recovery of USD 1,00,000 be...

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Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

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High Court of Bombay Dismisses Petitions Challenging Arbitral Award in Stock Broker Dispute. Court Upholds Arbitral Tribunal's Findings of Fact and Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns multiple arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

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High Court of Karnataka Quashes Quality Control Order on Plastic Imports for Lack of Public Consultation. Notification under Section 16 of the Bureau of Indian Standards Act, 2016 set aside as mandatory pre-legislative consultation under Section 16(2) was not complied with.

The petitioner, All India HDPE/PP Woven Fabric Manufacturers' Association, challenged a Quality Control Order issued by the Government of India on 15....

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Bombay High Court Dismisses Writ Petition Challenging Tender Cancellation in DMICDC Project — Upholds Right of Tenderer to Withdraw Before Acceptance Under Section 5 of Indian Contract Act, 1872.

The Government of India envisaged the development of the Delhi-Mumbai Industrial Corridor (DMICDC), a large infrastructure project covering approximat...