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Bombay High Court Allows Writ Petitions Challenging GST Assessment Orders on Grounds of Violation of Natural Justice and Lack of Proper Adjudication. The court set aside the impugned orders and remanded the matters for fresh adjudication after affording proper opportunity of hearing.

The petitioner, CNH Industrial (India) Private Limited, filed two writ petitions challenging assessment orders passed under the GST Act. The petitione...

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Supreme Court Allows Appeal in Insolvency Case Due to Absence of Financial Debt Against Pledgor. Petition Under Section 7 IBC Not Maintainable as No Disbursement Was Made to Corporate Debtor, and Pledge Alone Does Not Constitute Financial Debt Under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the Adjudicating Auth...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

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Bombay High Court Quashes Show Cause Notice and Personal Hearing Notice Due to Inordinate Delay in Adjudication — Customs Act, 1962 — Delay of 16 Years in Remand Proceedings Violates Principles of Natural Justice and Fundamental Right to Speedy Adjudication

The petitioners, M/s. Esjaypee Impex Pvt. Ltd. and its Managing Director, challenged a show cause notice dated 24.09.2003 and a personal hearing notic...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in MCGM Contract Dispute. Court Holds That Respondent's Failure to Appoint Arbitrator Within 30 Days of Notice Entities Applicant to Court-Appointed Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, Kalpataru Projects International Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Allows Writ Petitions Challenging GST Demand Notices for Lack of Proper Adjudication and Violation of Natural Justice. Petitioners' Input Tax Credit Reversal and Refund Claims Remanded for Fresh Consideration with Opportunity of Hearing.

The Bombay High Court disposed of three writ petitions filed by Rochem India Pvt. Ltd., Hindustan Construction Company Limited, and JSB Dream Homes Pv...

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High Court Quashes Appellate Order and Remands GST Refund Case for Fresh Consideration Due to Violation of Natural Justice. Appellate Authority Dismissed Appeal Without Considering Merits or Granting Hearing, Mandating Remand Under Section 107(11) of KGST/CGST Act.

The petitioner, M/S ITD CEMINDIA JV, an association of persons, filed a writ petition under Articles 226 and 227 of the Constitution of India before t...