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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Non-Issuance of Shares Despite Investment. Court Restrains Alienation of Property Released from Mortgage Using Petitioner's Funds Pending Arbitration.

The petitioner, Manmohan Kapani, a 90-year-old US resident, invested USD 1 million in Kapani Resorts Pvt. Ltd. under a Share Subscription and Sharehol...

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Bombay High Court Allows Summary Suit for Recovery of Professional Fees by Chartered Accountant. Plaintiff entitled to decree under Order XXXVII CPC as defendants failed to obtain leave to defend.

The plaintiff, a Chartered Accountant, filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 against the defendants for ...

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused.

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2...

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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Company's Ability to Secure Debt. Section 434(1)(a) of Companies Act, 1956 Requires Creditor to Consider Offer of Security Before Deeming Company Unable to Pay Debts.

The appeal was filed by Stonemann Royale Limited against an order dated 19 March 2018 made by the learned Company Judge admitting and ordering adverti...

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High Court of Karnataka Dismisses Second Appeal in Recovery Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding loan transaction and promissory note upheld under Section 100 CPC.

The present appeal arises from a suit for recovery of money filed by the respondent (plaintiff) against the appellant (defendant) in O.S.No.11/2003 be...

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Bombay High Court Allows Winding Up of S. Kumars Nationwide Ltd. for Inability to Pay Debts. Multiple financial creditors and operational creditors successfully proved the company's insolvency under Sections 433(e) and 434 of the Companies Act, 1956.

The judgment concerns a batch of company petitions filed by various financial creditors and operational creditors seeking the winding up of S. Kumars ...

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Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...