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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, not as a prospective purchaser.

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...

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Bombay High Court Dismisses Debtors' Motion to Set Aside Insolvency Notice in Consent Decree Dispute. Failure to Pay Agreed Amount by Stipulated Date Renders Debtors Liable for Full Decretal Amount Under Presidency Towns Insolvency Act, 1909.

The petitioning creditor, Videocon Industries Ltd., filed Suit No. 1891 of 2000 against M/s Akar Laminators and the two judgment debtors, V.T. Seth & ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Sale Deed Not a Sham Transaction. Appellant failed to prove that sale deed dated 3.2.1975 was without consideration or a sham document; concurrent findings of courts below upheld.

The case involves a property dispute between two brothers, Shashikant Haribhau Bandewar (appellant-plaintiff) and Bhalchandra Haribhau Bandewar (respo...

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Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

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High Court of Karnataka Examines Validity of SARFAESI Act Auction Sale Where Title Derived from Alleged Forged Documents. Court Considers Whether Auction Purchaser is Entitled to Refund of Sale Consideration on Ground of Fraud.

The writ petition was filed by M/s Paramount Constructions Company challenging the sale certificate dated 10.10.2014 issued by the Authorised Officer ...