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Bombay High Court Allows Writ Petition Challenging Tax Recovery Proceedings Against Trust. Section 179(1) of Income Tax Act, 1961 cannot be invoked against trustees of a trust for tax dues of a company.

The petitioners, trustees of the Ramniklal C. Laliwala Family Benefit Trust, filed a writ petition under Article 226 of the Constitution of India chal...

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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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Bombay High Court Dismisses Appeal Against Winding Up Order in Company Petition by Asset Reconstruction Company. ARCIL as assignee of debt is entitled to maintain winding up petition under Companies Act, 1956.

The appeal was filed by Horizon Flora India Limited against an order of the learned single Judge dated 16 July 2010 in Company Petition No. 189 of 200...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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Bombay High Court Allows EPFO's Writ Petitions Against Educational Institution and Financial Company for Non-Compliance with Provident Fund Dues. EPF Act Sections 7A and 7B Proceedings Upheld as Proper Exercise of Quasi-Judicial Authority.

The judgment involves three writ petitions filed by the Central Board of Trustee, Employees Provident Fund Organization (EPFO) against M/s. Saket Coll...