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High Court of Karnataka Allows Appeal by KSFC Against Dismissal of Recovery Petition as Barred by Limitation. Surety Liability Not Extinguished by Company's Liquidation Under Section 31(1)(aa) of State Financial Corporations Act, 1951.

The appellant, Karnataka State Industrial Investment and Development Corporation (now KSIDC), filed an appeal under Section 32(9) of the State Financi...

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Bombay High Court Dismisses Debtors' Motion to Set Aside Insolvency Notice in Consent Decree Dispute. Failure to Pay Agreed Amount by Stipulated Date Renders Debtors Liable for Full Decretal Amount Under Presidency Towns Insolvency Act, 1909.

The petitioning creditor, Videocon Industries Ltd., filed Suit No. 1891 of 2000 against M/s Akar Laminators and the two judgment debtors, V.T. Seth & ...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Enforcement of Consent Award Despite Jurisdictional Challenge. The court held that a party who consents to arbitration without objecting to jurisdiction cannot later challenge the award as a nullity on territorial grounds.

The petitioner, United Spirits Limited, filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pe...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Allows Second Appeal in Money Suit Due to Perverse Findings on Loan Repayment. Concurrent findings of fact set aside as courts below ignored material evidence regarding repayment of loan under Section 34 of Code of Civil Procedure, 1908.

The appellant/defendant, Madhukar alias Babanrao Ganpat Sabnis, a landlord, appealed against the concurrent decrees in a money suit filed by the respo...

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...