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Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Allows Financial Institution's Petition Under Section 31(1)(aa) of SFC Act for Enforcement of Mortgage Against Guarantors. The court held that the petition is maintainable against guarantors and not barred by limitation under Article 137 of Limitation Act.

The petitioner, SICOM Limited, a financial institution, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1951, seekin...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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High Court of Judicature at Bombay Considers Winding Up Petition Based on Alleged Debt Arising Out of F&O Trades; Respondent Disputes Liability and Raises Counter-Claim for Damages

This company petition sought winding up of Prime Broking Company (India) Ltd under the Companies Act, 1956 on the ground of inability to pay debts. Th...

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Bombay High Court Dismisses Appeals Against Winding Up Order for Non-Payment of Debts Under Companies Act, 1956. Debt Acknowledged in Balance Sheets and Not Disputed, Constituting Admission of Liability Under Section 433(e) and 434 of Companies Act, 1956.

The judgment arises from four appeals filed by M/s. RojeeTasha Stampings Private Ltd., M/s. Automotive Metal Stampings Pvt. Ltd., M/s. Ganage Pressing...

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High Court of Karnataka Directs EPFO to Pay Interest on Delayed Provident Fund Settlement — Paragraph 60(6) of EPF Scheme 1952 Held Not a Bar to Interest Claim. Petitioner entitled to interest from date of retirement till actual payment under Paragraph 72(7) of EPF Scheme 1952.

The petitioner, Mr. M.V. Kanakaraj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking directions to the Regional C...