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Moot Questions
Moot Questions
Resolution Attempts:
In July 2023, the National Company Law Appellate Tribunal of Gabbana set
aside the CIRP Admission Order, indicating that Alohomora was no longer
undergoing insolvency.
Alohomora tried to reestablish its business relationship with Guyere as per the
2018 Iron Ore Supply Contract, but Guyere, satisfied with its new arrangement
with Gothamworks Ltd., refused to continue the contract.
Legal Actions:
Alohomora filed a Suit in the High Court of Bom Bahia, seeking specific
enforcement of the Iron Ore Supply Contract or damages for Guyere's alleged
breach of contract.
An Interim Application was filed seeking suspension of Guyere's new
contractual arrangement with Gothamworks Ltd. and the deposit of 50% of the
claimed damages.
Guyere contested the Suit, arguing that it was not maintainable due to a failure
to comply with Section 12A of the Commercial Courts Act. They also claimed
that the contract ceased to be in effect when Alohomora entered insolvency.
Counterclaim:
Guyere filed a Counter Claim against Alohomora, seeking damages for
Alohomora's alleged breach of the contract by failing to supply products within
the agreed timeline.
Current Status:
The High Court of Bom Bahia admitted the Suit and decided to hear the Suit,
Counter Claim, and Interim Application together.