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Bombay High Court Allows Supplier in Arbitration Petition as MSEFC Fails to Act on Payment Claim; Section 18 of MSMED Act Creates Statutory Arbitration Agreement Justifying Section 11 Petition.

The dispute involved a supplier who had executed a purchase order dated June 8, 2018, and supplied goods to the respondent buyer. Invoices were raised...

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NCLAT Dismisses Shareholder's Appeal Against Admission of CIRP for Corporate Debtor Under Section 9 IBC. Pre-Existing Dispute Not Established as Dispute Raised After Demand Notice and Lacking Evidence.

The present appeal was filed by Surendra Sancheti, a shareholder of Altius Digital Private Limited (Corporate Debtor), under Section 61 of the Insolve...

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Bombay High Court Grants Interim Injunction in Film Distribution Rights Dispute Over 'Sholay' and 'Sholay-3D'. The court held that a prima facie case for breach of contract and infringement of copyright was made out, warranting protection of the plaintiff's exclusive distribution rights pending trial.

The plaintiff, Narendra Hirawat And Co., filed a commercial IP suit seeking to enforce its exclusive distribution and exploitation rights in the films...

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Bombay High Court Declares Payments Made by Company in Liquidation Void Under Section 536(2) of Companies Act, 1956 and Orders Refund. Payments made after winding up order to caterer without court approval are void, and the caterer must repay with interest.

The Official Liquidator of M/s. GOL Offshore Limited (in liquidation) filed OLR No. 139 of 2018 under Section 536(2) of the Companies Act, 1956, seeki...

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Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...

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Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case — Royalty on Bad Debts Not Deductible Without Actual Sales. ITAT erred in deleting disallowance of royalty paid on bad debts where software did not work, as no sale occurred.

The case involves an appeal by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appel...

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Bombay High Court Allows Recovery of Price of Goods Sold and Delivered in Suit for Recovery of Money. Plaintiff supplier entitled to principal amount of Rs.52,747.63 with interest at 6% p.a. from date of suit till realization.

The plaintiff, a supplier of handwoven cotton fabrics, filed a suit for recovery of Rs.66,462.01/- with further interest on the principal amount of Rs...