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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Supreme Court Allows Appeal in Service Matter — Reinstatement Includes Continuity of Service. Division Bench erred in denying continuity of service benefits to appellant who was reinstated pursuant to a final judgment.

The appeal arose from a judgment of the Gujarat High Court Division Bench which set aside a Single Judge's order granting continuity of service benefi...

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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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Bombay High Court Quashes Appointment of Court Commissioner for Evidence Collection in Civil Suit — Appointment for Collecting Evidence Held Impermissible Under Order XXVI Rule 9 CPC.

The case involves a writ petition filed by the defendants (petitioners) challenging an order of the 8th Joint Civil Judge, Junior Division, Karad, dat...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...