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Supreme Court

Supreme Court Allows Appeal by Power Distribution Company in Electricity Dues Recovery Case — Auction Purchaser Liable for Previous Owner's Outstanding Electricity Dues Under Specific Auction Clauses. The Court held that where an auction notice explicitly mentions electricity dues and absolves the secured creditor of liability, the auction-purchaser must clear those dues before seeking a new connection.

14 Feb 2020

The respondent, M/s. Srigdhaa Beverages, was the successful auction-purchaser of a mineral water bottling plant owned by M/s. SB Beverages Private Lim...

Supreme Court

Supreme Court Dismisses Appeal of Coke Industry Against Coal India Over Pricing Dispute — Linked Price vs. Liberalised Sales Scheme (LSS) Price. Court Holds That Resolution of Linkage Committee Did Not Confer Right to Preferential Price, and Price Was to Be Charged as Prevalent at Any Point of Time.

7 Feb 2020

The appeal arose from a dispute between M/s S.K.J. Coke Industries Ltd. and its predecessor Mahabir Coke Industries (appellants) and Coal India Ltd. a...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Upholds Tender Award in E-Auction Dispute Due to Technical Glitch and Lack of Arbitrariness. Connectivity failure at service provider's end justified resumption of auction; High Court's interference in commercial decision set aside.

1 Jan 2020

The Supreme Court allowed the appeals filed by Bharat Coking Coal Ltd. (BCCL) against the judgment of the Jharkhand High Court, which had quashed the ...

Supreme Court

Supreme Court Allows Refund of Rs.40 Crores Deposited by Borrower in SARFAESI Act Proceedings — Deposit Made to Show Bona Fides, Not as Payment of Dues. The Court held that a deposit made pursuant to an interim order to demonstrate bona fides cannot be appropriated by the Bank when the interim order is set aside and the OTS is rejected.

20 Aug 2019

The case arises from a dispute between M/s Kut Energy Pvt. Ltd. and others (appellants/borrowers) and Punjab National Bank and others (respondents) co...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

1 Feb 2019

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

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