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WRIT PETITION NO.4761 OF 2024

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Supreme Court Dismisses Appeal by Land Authority Challenging Auction Sale of Nazul Land Due to Delay and Laches. Lease Agreement Did Not Confer Title Without Execution of Lease Deed, but Long Lapse of Time Prevents Challenge.

The appellant, Delhi Development Authority (DDA), executed an agreement of lease dated 17th July 1957 in respect of plot no.3 in favour of M/s Mehta C...

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Supreme Court Dismisses Trust's Appeal Challenging Cancellation of Plot Allotment — Upholds High Court's Decision Based on Subsequent Developments and Consent Terms. The Court declined to interfere as the plot had been validly allotted to another trust under a settlement approved by the High Court.

The appellant, JVPD Scheme Welfare Trust, a public charitable trust registered under the Bombay Public Trust Act, applied for allotment of a plot in M...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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Bombay High Court Sets Aside Arbitral Award in Lease Finance Dispute Due to Limitation Bar. Claim for Enhanced Rent Based on Depreciation Disallowance Held Time-Barred Under Article 137 of Limitation Act, 1963.

The petitioner, Aditya Birla Chemicals (India) Ltd., challenged an arbitral award dated 9th August, 2011 under Section 34 of the Arbitration and Conci...

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Bombay High Court Grants Decree for Lease Termination and Arrears in Favour of Lessor Against Company in Liquidation. Lease agreement validly terminated due to default in payment of rentals; lessor entitled to recovery of arrears and possession of machinery.

The plaintiff, Indbank Merchant Banking Services Limited, filed a suit against Nicelcon Limited (in liquidation) and Raju H. Mahatani seeking a declar...