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CRIMINAL WRIT PETITION NO. 3301 OF 2018

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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High Court of Bombay Dismisses Appeal in Commercial Dispute Over Arbitral Award on Repairs and Interest. The court upheld the Single Judge's order setting aside findings on repairs as perverse and reduced interest rate from 18% to 9% per annum.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996, was filed by Interocean Shipping (India) Pvt Ltd against an order of the le...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Bombay High Court Upholds Amendment Introducing Multi-Member Wards and Multiple Votes in Municipal Elections — Amendment to Section 5 of BPMC Act and Section 10 of MMC Act Valid as Intra Vires the Constitution.

The judgment concerns two writ petitions filed by Vinayak Bhiva Bhilare and Miss. Vaishali Chandane challenging Act No. XXVI of 2011, which amended Se...

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Bombay High Court Dismisses Appeal in Trust Property Dispute — Will and Gift Deed Upheld. Court holds that a will executed by a Hindu widow in 1943 was valid and that a subsequent gift deed by a co-owner was binding on the property.

The case involves a dispute over a house property originally owned by Adkuji Palandurkar. After his death, his widow Manabai and other heirs inherited...