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Bombay High Court Dismisses Petitions Challenging Tender Cancellation and Re-Tender for Lease of Land for Hotel Development. MHADA's decision to cancel tender and invite fresh bids upheld as valid exercise of administrative discretion, not arbitrary or mala fide.

The Mumbai Housing and Area Development Board (MHADA) owned a plot of land in Powai, Mumbai, and invited tenders in November 2004 for a 90-year lease ...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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LETTER PATENT APPEAL NO. 449 OF 2004

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Dismisses Challenge to Arbitral Award in Leave and License Dispute — Petitioner's Breach of Agreement Upheld. Arbitrator's Award of Rs. 90 Lakhs Damages with Interest Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Ropa Plastics Private Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral a...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

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Bombay High Court Dismisses Pune Municipal Corporation's Petition in Property Tax Classification Dispute. Profession of Chartered Accountant Held Not Equivalent to Trade or Business for Tax Levy Under BPMC Act.

The case involves a property tax dispute between the Pune Municipal Corporation (petitioner) and Respondent No.1, a Chartered Accountant. The Corporat...