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Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

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Bombay High Court Dismisses Petition of Contract Workers Seeking Direct Employment in Co-operative Bank — Outsourcing of Services Held Permissible. No legal right to employment exists, and the bank's policy decision to outsource non-core services is not subject to judicial review.

The petitioners, three individuals, filed a writ petition before the Bombay High Court challenging the inaction of the District Deputy Registrar, Than...

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Bombay High Court Dismisses Second Review Petition in Service Matter — No Error Apparent on Record. Second review petition not maintainable as it seeks re-agitation of issues already decided, and no grounds under Order 47 Rule 1 CPC exist.

The petitioner, Anand Prabhakar Joshi, a former employee of the Bank of Maharashtra, filed a second review petition before the Bombay High Court seeki...

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Bombay High Court Dismisses Bank's Petition Challenging DRAT Order Excluding Non-Debtor from DRT Jurisdiction. Claim for Conspiracy and Fraud Against a Person Who is Not a Debtor Does Not Fall Within the Definition of 'Debt' Under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Punjab National Bank, filed a writ petition challenging the order of the Debt Recovery Appellate Tribunal (DRAT) which allowed the app...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Derivative Transaction Dispute. Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails as Award Not Patently Illegal or Perverse.

The appeal arose from a judgment of a learned Single Judge dated 6 July 2012 dismissing a petition under Section 34 of the Arbitration and Conciliatio...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Madras High Court Dismisses Writ Petition Challenging Gold Appraiser Charges as Infructuous Due to Subsequent Revision of Charges. The court held that once the impugned circular is superseded by a revised circular, the challenge becomes infructuous and no further adjudication is required.

The petitioner, State Bank of Travancore Jewel Appraiser Association, filed a writ petition under Article 226 of the Constitution of India before the ...