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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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NOTICE OF MOTION NO. 443 OF 2012

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

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High Court of Bombay Delivers Judgment on Commercial Arbitration Petition (L) No. 13424 of 2026

The matter pertained to a commercial arbitration petition filed by the developer, Wadhwa Estates and Developers (India) Private Limited, against respo...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...