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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Based on Dishonoured Cheques — Defendant Raises Triable Issues Including Running Account, Collateral Security, and Validity of Presentment.

The plaintiffs, M/s. Ashok Commercial Enterprises and another, filed a summary suit against Parekh Aluminex Limited for recovery of Rs. 68,37,96,666/-...

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Bombay High Court Dismisses Winding-Up Petitions for Non-Prosecution Due to Non-Compliance with Directions. Failure to File Affidavit of Documents and Appear Before Court Leads to Dismissal Under Rule 34 of the Companies (Court) Rules, 1959.

The judgment concerns two company petitions (CP 496/2014 and CP 497/2014) filed by Janak Herkishen Vaswani and Mrs. Renuka Herkishen Vaswani respectiv...

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Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Lack of Proof of Debt. Security Cheque for Future Sponsorship Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

The appellant, Smt. Ranju Batra, proprietor of M/s Admark Incorporated, filed two criminal appeals against the acquittal of respondent no. 1, Bhushan ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case — Service of Statutory Notice Valid Despite Unsigned Office Copy. Absence of Signature on Office Copy of Demand Notice Does Not Invalidate Service Under Section 138(b) of Negotiable Instruments Act, 1881.

The appellant, Vardhman Steel, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sai Engineering, al...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Appellant failed to prove that the cheque dated 06.03.2004 was issued towards a debt or liability that existed on that date, as the liability arose only after 50 days from the contract date.

The appellant, Kala Mines and Minerals, a partnership concern, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the...

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High Court of Bombay Allows Revision in Cheque Dishonour Case Due to Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Notice sent by registered post to correct address is deemed served under Section 27 of General Clauses Act, 1897, even if returned unclaimed.

The petitioner, Abdul Rehman M. Mulgand, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against his brother, Mohammad Ha...