2017-TIOLCORP-02-HC-MUM-CA

West Hills Realty Pvt Ltd Vs Neelkamal Realtors Tower Pvt Ltd

Whether petitions served on the company under Rule 26 and pending admission shall continue in High court and not to be transferred to NCLT - YES: HC

Whether as per Rule 96 the company only has to be apprised of the fact that a petition for winding up has been filed and a notice in any prescribed form is not required - YES: HC

Whether as per the proviso to Rule 5 the petitions to be transferred to NCLT must be at a preadmission stage - YES: HC

Whether Rule 26 being general in nature would control the requirement of Rule 96, which is specific to winding up provisions, to serve the "company" - NO: HC

- Petition allowed: BOMBAY HIGH COURT

2017-TIOLCORP-02-HC- KOL-IPR

Rajiv Singh Vs Manoj Kanti Sensarma

Whether interim order of temporary injunction on use of trade name of firm would be passed in favour of one of the partner and against rest without giving them an opportunity of hearing - NO : HC

Whether a single partner can restrain other partners by interim injunction from exploiting the goodwill of partnership business linked to the trademark, when he does not have exclusive ownership over such trademark - NO : HC

- Plaintiff's Appeal dismissed: CALCUTTA HIGH COURT