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Bombay High Court Dismisses Petition Challenging Return of Plaint in Co-operative Dispute Over OTS. Guarantor's Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960 Held Not Maintainable After Issuance of Recovery Certificate Under Section 101.

The petitioners, Mr. Sadanand Belvalkar and another, were guarantors to a loan sanctioned by Vidya Sahakari Bank Limited (respondent no. 2) to M/s Mbe...

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Karnataka High Court Allows Writ Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The court held that disputes regarding management of a company are not maintainable under writ jurisdiction and must be raised before the Company Law Board under the Companies Act, 2013.

The case involves two writ appeals filed by individuals against an order of a Single Judge of the Karnataka High Court in a writ petition filed by M/s...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Alternative Remedy Under Section 17 SARFAESI Act Available. Possession Notice Defect Does Not Vitiate Auction Sale After Confirmation; Auction Purchaser's Title Upheld.

The petitioners, Janakalyan Sahakari Bank Limited and Mohanish Rajak, filed a writ petition under Article 226 of the Constitution of India challenging...