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Bombay High Court Dismisses Winding-Up Petition Against Sundeep Polymers Due to Bona Fide Dispute Over Hire Purchase Agreement. Dispute Regarding Defective Vehicle and Pending Consumer Complaint Constitutes Substantial Grounds, Not a Mere Debt Acknowledgment.

The petitioning-creditor, Tata Motors Ltd (formerly Tata Finance Ltd), filed a winding-up petition under sections 433 and 434 of the Companies Act, 19...

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Bombay High Court Quashes FIR in Loan Dispute — Civil Nature of Transaction Precludes Criminal Offences Under Sections 420, 467, 468, 471 IPC Read with 120-B. Blank Cheques Given as Security Do Not Attract Forgery or Cheating Charges.

The applicants, Rajendra Ramlal Jaiswal, Ravindra Ramlal Jaiswal, and Omkumar Shamsundar Jaiswal, filed a criminal application under Section 482 of th...

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Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

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Bombay High Court Allows Appeal Against Acquittal in Cheque Bounce Case — Presumption Under Section 139 NI Act Not Rebutted by Accused. Hand Loan of Rs.30 Lakhs Held Legally Enforceable Debt, Conviction Restored.

The original complainant, Smt. Sulekhabai Chowghule (since deceased, represented by her legal heir), filed a complaint under Section 138 of the Negoti...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...