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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...

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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...

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Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Public Premises Act — Land Already Acquired Under Land Acquisition Act, 1894. Petitioners' Claim of Possession Since 1954 Fails as Land Vested in Airport Authority After Acquisition in 1947-48.

The petitioners, heirs of Mohan Bhika Rathod, filed a writ petition challenging an eviction order passed by the Estate Officer under the Public Premis...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Decree for Subletting and Nuisance. Concurrent findings of fact by lower courts under Bombay Rent Act upheld as not perverse.

The petitioners, Chellaram Jethanand Madhrani and Purushottam Jethanand Madhrani, were tenants of a premises owned by the respondent, Maruti Raghunath...

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Allows Accused's Application for Handwriting Expert in Cheque Dishonour Case Under Section 138 NI Act — Right to Fair Defence Upheld. Accused's Application for Expert Opinion to Prove Cheque Not Issued by Him Was Bona Fide and Necessary for Just Decision.

The petitioner, Sayaji Tukaram Shinde, was the accused in S.C.C. No. 1084/2008 pending before the Additional Chief Judicial Magistrate, Beed, for an o...