Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
ANIL L.PANSARE, NIVEDITA P.MEHTA
Morarjee Textiles Ltd., through Mr. Ravi Sethia – Appellant
Versus
Union of India, through its Secretary, New Delhi – Respondent
JUDGMENT :
ANIL L. PANSARE, J.
WRIT PETITION NO. 2874 OF 2012
WITH CIVIL APPLICATION NOS. 782 OF 2025 AND 2413 OF 2025
IN WRIT PETITION NO. 2874 OF 2012
Heard Mr. Akshay Doctor, learned Counsel for the petitioners, and Mr. Simil Purohit, learned Senior Counsel for respondent no.3. None for respondent nos.1 and 2.
2] The facts necessary to decide the petition and the applications are as under :
3] Petitioner no.1 (formerly knows as ‘Morarjee Brembana Limited) issued a work order to respondent no.3 for weaving clothes/fabrics in accordance with the conditions set out therein. Petitioner no.2 is Head – Finance and Accounts of petitioner no.1. The parties entered into an agreement. The work commenced. Later on, there occurred dispute between the parties. Respondent no.3 filed a claim being Reference No. 25/2010 against petitioner no.1 before respondent no.2 under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (for short “MSME Act”). Petitioner no.1 filed its reply to respondent no.3’s claim, and also filed counter claim. Respondent no.2 passed the impugned award dated 20/3/2012 allowing respondent no.3’s claim, and directed petitioner no.1 to pay an amount of
Encashed bank guarantee proceeds deposited as pre-deposit condition for MSME award stay held corporate debtor's CIRP asset subject to moratorium; decree holder claim via resolution process; writ not ....
Non-compliance with court directions for deposit can result in the dismissal of a challenge to an arbitral award.
The pendency of an application under Section 34 of the A&C Act is no longer a bar for enforcement of an arbitral award. The court must hear the application under Section 34 of the A&C Act on its meri....
Bank guarantees must be honored by the bank unless established fraud or irreparable harm exists; courts must avoid granting injunctions against their encashment.
The amount deposited by the petitioner during the pendency of the writ petition with a view of show his bonafide to enter into a settlement was required to be returned to the borrower in the event of....
The court affirmed that a decree can be issued based on admissions where debts owed are settled through an approved resolution plan, allowing the security deposit to be recovered unconditionally.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
