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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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High Court of Karnataka Quashes Executing Court Order in Arbitration Award Execution — Stamp Duty Payable Under Article 5(c) Not Article 11(b) of Karnataka Stamp Act, 1957. Arbitral award directing sale of property is a certificate of sale, not a bond, for stamp duty purposes.

The petitioner, Sri Dilli Babu, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23/8/2014 pas...

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Bombay High Court Directs Cooperative Court to Decide Interim Application in Society Redevelopment Dispute. Minority Members' Challenge to Resolutions Led to High Court Direction Under Section 9 of Arbitration and Conciliation Act, 1996 to Avoid Delay in Redevelopment.

The case pertains to a petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by MP Space Dynamics Pvt. Ltd., the developer, aga...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

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Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

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Bombay High Court Quashes Cancellation of Dramatic Performance Licence in Tamasha Case — District Magistrate Exceeded Jurisdiction Under Section 33 of Bombay Police Act, 1951. Licence Cancellation for Alleged Obscenity Set Aside as Magistrate Failed to Apply Mind and Acted on Extraneous Considerations.

The petitioner, Renuka Loknatya Tamasa Mandal, a cultural organization engaged in Tamasha performances, held a licence under Section 33 of the Bombay ...