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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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Bombay High Court Dismisses Petition Seeking Occupancy Certificate and Refund of Security Deposit in CIDCO Development Dispute. Court holds that the developer failed to comply with development control regulations and that the petition was not maintainable due to disputed facts and alternative remedies.

The petitioners, La'BuilDe Associates and its managing partner Bhagvanji Raiyani, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Allows Recovery of Printing Dues in Favor of Plaintiff. Defendant's Failure to File Written Statement Leads to Ex-Parte Decree with Interest at 6% p.a.

The plaintiff, Publicity Printers, a registered partnership firm engaged in printing business, filed a suit against the defendant, Chedda Photo Offset...

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Bombay High Court Allows Petition Challenging Inclusion of Dry Fruits Under APMC Act — Notifications Ultra Vires. Definition of Agricultural Produce Under Section 2(a) of Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 is Exhaustive and Does Not Include Dry Fruits/Dry Dates.

The petitioner, a partnership firm dealing in dry fruits and dry dates, challenged the validity of notifications dated 20.6.1988 and 18.10.1988 issued...

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Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

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Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...

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Bombay High Court Quashes Conviction Under Section 145(1) of Maharashtra Co-operative Societies Act for Non-Compliance with Natural Justice. Deputy Registrar's Order Set Aside for Lack of Proper Hearing and Opportunity.

The petitioners, M/s. Mount Industrial Estate and others, challenged an order dated 26th September 2006 passed by the Deputy Registrar, Co-operative S...

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Bombay High Court Dismisses Writ Petition Challenging Conditional Attachment Order in Co-operative Bank Dispute. Arbitrator's Power Under Section 84 of Multi-State Co-operative Societies Act, 2002 Includes Power to Pass Conditional Attachment Orders.

The petitioners, Rohan M. Kapoor and others, challenged an order dated 10.01.2011 passed by an arbitrator appointed by the Central Registrar under Sec...