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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Allows Appeal for Enhanced Compensation in Land Acquisition Case — Market Value Fixed at ₹90 per Square Metre. Comparable Sale Deed with Escalation and Deduction for Development Charges Applied Under Section 23 of Land Acquisition Act, 1894.

The case arises from an appeal by the original applicants (legal heirs of Pandu Y. Kubal) seeking enhancement of compensation for land acquired by the...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interlocutory Order as Not Maintainable Under Section 34 of Arbitration and Conciliation Act, 1996. Order Rejecting Permission to File Fresh Valuation Report Is Not an Interim Award and Cannot Be Challenged Under Section 34.

The dispute arises from a Share Purchase Agreement (SPA) dated 22.12.2003 between Dilip Timblo (appellant) and Prashant Timblo (respondent). The appel...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal Order in Commercial Suit — Suit Not Barred by Arbitration Clause as Reliefs Are Not Covered by Arbitration Agreement.

The present Civil Revision Application was filed by the applicants/defendants challenging the order dated 03.02.2023 passed by the Commercial Court at...