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High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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Supreme Court Dismisses Appeals by Appellants -- Upholds Committee of Creditors' Approval of Sarda Energy and Minerals Limited's Resolution Plan Under Insolvency and Bankruptcy Code, 2016 -- Doctrine of Commercial Wisdom Affirmed in Insolvency Resolution

The Supreme Court upheld the approval of a Resolution Plan by Sarda Energy and Minerals Limited (SEML) for SKS Power Generation (Chhattisgarh) Ltd. un...

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Supreme Court Quashes FIR in Property Joint Venture Dispute -- Criminal Proceedings Against Appellants Set Aside as Dispute Found Civil in Nature with Arbitration Clause -- FIR Under Sections 406, 420, 467, 468 and 471 IPC Cannot Substitute Civil Remedies

The Supreme Court allowed the criminal appeal arising from Special Leave Petition (Criminal) No. 6670 of 2021 and quashed the FIR registered against t...

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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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Supreme Court Allows Insolvency Proceedings Under IBC Over Defunct Scheme of Arrangement -- IBC Prevails Over Companies Act in Recovery of Defaulted Loans

The Supreme Court allowed an appeal against the Company Law Appellate Tribunal's order that kept in abeyance an application under Section 7 of the Ins...

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Supreme Court Dismisses Power Trust's Appeal Against CIRP Initiation for Appellant(s), Upholds NCLAT Order Admitting Section 7 IBC Application Due to Default and Non-Compliance with Restructuring Conditions

The Supreme Court dismissed an appeal challenging the initiation of corporate insolvency resolution process (CIRP) against Hiranmaye Energy Ltd. under...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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High Court Dismisses Arbitration Petitions Challenging Awards Under Multi-State Co-operative Societies Act -- Upholds Arbitrator's Jurisdiction in Banking Dispute with Co-operative Bank -- No Conflict Found with SARFAESI Act or RDB Act

The High Court dismissed two Commercial Arbitration Petitions challenging arbitral awards passed by an Arbitrator appointed under Section 84 of Multi-...