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Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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High Court of Bombay at Goa Exercises Suo Motu Jurisdiction and Hears Public Interest Litigation Challenging Alienation of Communidade Land to Builders. Alleged Fraud and Violation of Goa Agricultural Tenancy Act, 1964 and Goa Land Use (Regulation) Act, 1991 in Consent Decree and Sale Deeds.

The High Court of Bombay at Goa heard two connected writ petitions – a public interest petition (WP 294/2008) by Pilerne Citizens Forum and a suo mo...

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Bombay High Court Allows Appeal in Arbitration Delay Case — Section 14 of Limitation Act Applicable to Section 34 Applications. Supreme Court Precedent in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department Held Binding, District Judge's Order Condoning Delay Restored.

The case involves a Letters Patent Appeal filed by the Defence Estate Officer against the judgment of a learned Single Judge of the Bombay High Court....

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Authority's Cancellation of Letter of Intent for Non-Compliance. SRA's Power to Revoke LoI for Failure to Obtain 70% Consent and Complete Rehabilitation Upheld.

The petitioners, M/s. Platinum Realty and M/s. Jaihind SRA Cooperative Society (Proposed), filed a writ petition challenging the decision of the Slum ...

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Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...