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WRIT PETITION NO. 10533 OF 2023

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Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC.

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, K...

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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

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Bombay High Court Allows Writ Petition Quashing Attachment Notices Against Third-Party Purchaser for Excise Dues of Defaulter. Central Excise Cannot Attach Property Sold Prior to Creation of Dues Without Notice to Purchaser Under Section 11 of Central Excise Act, 1944.

The Petitioner, M/s Runwal Constructions, a partnership firm registered under the Indian Partnership Act, 1932, engaged in construction and developmen...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Loan Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Rejected. Court Held That Arbitrator's Findings on Default and Foreclosure Were Not Patently Illegal or Against Public Policy.

The petitioner, M/s. Sea Eagle Dredging Marine Infrastructure Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

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Bombay High Court Appoints Receiver and Orders Disclosure of Assets in Arbitration Petition for Loan Default. Court grants interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, after consent award cheques are dishonoured.

The Petitioner, Karvy Financial Services Ltd., filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Dismisses Application to Withdraw Consent for Arbitrator Appointment in Arbitration Dispute — Consent Once Given Cannot Be Unilaterally Withdrawn Under Section 11 of Arbitration and Conciliation Act, 1996.

The dispute arose out of a Memorandum of Understanding dated 23 October 2006 and an additional Memorandum of Understanding dated 27 March 2008 between...

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Bombay High Court Dismisses Second Appeal in Cooperative Bank Dispute — Civil Court Lacks Jurisdiction Due to Absence of Fraud Allegations. Jurisdictional bar under Cooperative Societies Act upheld as plaint lacked particulars of fraud.

The appellants, Durga Premanand Navelkar and Premanand Ganesh Prabhu Navelkar, filed a suit against the Goa Urban Co-operative Bank Limited and its of...