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NCLAT Allows Personal Guarantors' Appeals Against NCLT Order Dismissing Recall Applications in Section 95 IBC Insolvency Proceedings. The admission orders were passed without hearing the guarantors, violating natural justice, and the matters were remanded for fresh consideration.

The case involves five appeals filed by personal guarantors (Tummala Sri Ganesh, Tummala Yugandhar, and others) against an order dated 19.07.2024 pass...

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Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Bombay High Court Dismisses Petition Challenging Cooperative Bank Elections Due to Availability of Alternative Remedy. Writ Petition Under Article 226 Held Not Maintainable as Election Process Had Commenced and Remedy Under Section 152 of Maharashtra Cooperative Societies Act, 1960 Was Available.

The petitioners, nineteen individuals who are members of the Nashik District Central Cooperative Bank Ltd., filed a writ petition under Article 226 of...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Guarantee Enforcement Case. Personal Guarantors Held Liable Despite Principal Borrower's Corporate Insolvency Resolution Process Under Section 14 of IBC.

The petitioners, Jamboo Kumar Jain and Praful Kumar Jain, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...