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Bombay High Court Dismisses Petitioners' Challenge to Cooperative Authority Order on Share Forfeiture. Court Upholds Order Based on Byelaw 7(8) and Opportunity of Hearing.

The petitioners, objectors, challenged an order dated 13 February 2015 passed by Respondent No.2 (the cooperative authority) which they claimed was wi...

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Bombay High Court Upholds Removal of Office Bearers in Co-operative Housing Society Dispute. Registrar's Order Under Section 75(5) of Maharashtra Co-operative Societies Act, 1960 Confirmed for Mismanagement and Non-Compliance.

The petitioners, Gaurav K. Desai and Smt. Shailaja Shetty along with Shri Jitendra Tandav, were ex-office bearers of respondent no.6, Sion Kamgar Co-o...

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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated.

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute — No Patent Illegality Found. Claimant's claim for refund of margin money and compensation for unauthorized trades upheld as arbitrator's findings of fact are final under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award da...

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Bombay High Court Dismisses Appeal in Section 9 Arbitration Application Due to Lack of Party Identity with Arbitration Agreement. Joint Venture Agreement's Arbitration Clause Does Not Bind Non-Signatory Respondents as They Are Not Parties to the Agreement.

The appeal was filed against the judgment and order dated 2 July 2014 of the learned Single Judge in Arbitration Petition No.66 of 2014, which dismiss...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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Bombay High Court Dismisses Petition by RTO Agents' Association Challenging Eviction Order Under Bombay Government Premises (Eviction) Act, 1955. Eviction and Arrears of Rent Upheld as Competent Authority's Orders Were Not Successfully Challenged.

The petitioner, The Association of Recognized Agents, is a registered association of RTO agents who were allotted a room in the RTO Compound at Tulsiw...