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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

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Supreme Court Upholds Labour Court Award in VSS Dispute — NMR Workers Found to Have Been Coerced into Voluntary Separation Scheme. The Court confirmed reinstatement with 70% back-wages under Section 33A of the Industrial Disputes Act, 1947, finding no perversity in the concurrent findings of fact.

The case arose from a dispute between the General Manager, Electrical Rengali Hydro Electric Project, Orissa (appellant) and 90 NMR workers (responden...

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Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in FPSO Charter Hire Dispute. Court upholds arbitral tribunal's interpretation of contract clauses and rejection of counterclaims, finding no patent illegality or perversity in the award.

The judgment concerns four arbitration petitions filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 34 of the Arbitration and Concilia...