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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

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Bombay High Court Dismisses Suit for Specific Performance of Slum Development Agreement Due to Lack of Jurisdiction Under Section 42 of Maharashtra Slum Areas Act. Civil Court Cannot Entertain Disputes Relating to Slum Rehabilitation Schemes as Exclusive Jurisdiction Vests with Slum Authorities.

The plaintiff, Lokhandwala Infrastructure Pvt. Ltd., filed a suit for specific performance of a development agreement dated 10 August 2003, entered in...

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INTERIM APPLICATION NO.1767 OF 2020

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Bombay High Court Strikes Out Defence and Orders Detention for Breach of Undertaking in Suit for Possession and Royalty. Persistent non-compliance with court orders regarding payment of royalty and execution of agency agreement leads to striking out of defence and civil imprisonment.

The plaintiff, Feroze Homi Duggan, filed a suit against Benzer Interiors Pvt. Ltd. and others seeking possession of suit premises and recovery of roya...