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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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High Court of Karnataka Allows Petition to Implead Legal Representatives in Suit for Partition and Injunction — Application Under Order 22 Rule 3 CPC Read With Section 151 CPC Held Maintainable Despite Dismissal of Suit for Default.

The petitioner, Smt. Savithramma (since deceased, represented by her legal representative Sri. R.M. Sudarshan), filed a writ petition under Article 22...

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Bombay High Court Dismisses Petition Seeking Restoration of Execution Application Due to Abatement — Execution Application Abates on Death of Judgment-Debtor if Legal Representatives Not Brought on Record Within Limitation Under Order 22 Rule 12 CPC.

The petitioners, original defendants in a civil suit, challenged the order dated 04.07.2015 rejecting their MARJI No.527/2012 seeking restoration of R...

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NCLAT Dismisses Appeal Against Rejection of Section 9 Application Due to Pre-existing Dispute and Limitation. Operational Creditor's claim for work done under contract held to be time-barred and disputed, warranting dismissal under Section 9 of Insolvency and Bankruptcy Code, 2016.

The appeal arises from the dismissal of a Section 9 application under the Insolvency and Bankruptcy Code, 2016 (IBC) by the National Company Law Tribu...

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Bombay High Court Dismisses Appeal Against Restoration of Suit — Jurisdiction of Single Judge Upheld Despite Transfer of Suits to City Civil Court. Section 4A of Bombay City Civil Court (Amendment) Act, 2012 Does Not Divest High Court of Power to Restore Suits Dismissed Before Notification.

The appeal arose from an order of a learned Single Judge of the Bombay High Court allowing the respondents' notice of motion and restoring Suit No. 39...