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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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High Court of Judicature at Bombay Considers Section 34 Petition Challenging Arbitral Award on Grounds of Jurisdiction and Limitation. Dispute involves multiple hotel management agreements and the applicability of arbitration clauses after partial setting aside of a prior award.

The dispute arises from a series of hotel management agreements concerning a hotel at Lonavala owned by petitioner Laguna Resorts Pvt. Ltd. (formerly ...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Construction Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court held that the arbitral tribunal's interpretation of contractual clauses was plausible and not patently illegal.

The petitioner, Maharashtra State Road Development Corporation Ltd., entered into a contract with the respondent, Jai Laxmi Constructions Engineers An...

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Supreme Court Hears Appeal Against Bombay High Court Order Directing Grant of Amenity TDR for Garden Development. High Court Allowed Writ Petition Challenging BMC's Denial of TDR and Directed Grant of Additional Amenity TDR Under Section 126 of MRTP Act.

The dispute centers on the entitlement to additional amenity Transferable Development Rights (TDR) for a garden developed on land reserved for a publi...

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Bombay High Court Allows Refund of Stamp Duty Paid on Agreement for Sale That Did Not Materialize Due to Market Downturn. Petitioner entitled to refund under Sections 47 and 48 of Maharashtra Stamp Act, 1958 as instrument was not followed by conveyance and no fraud or misrepresentation was involved.

The Petitioner, M/s Shweta Infrastructure and Housing (I) Pvt. Ltd., entered into an agreement for sale on 29 September 2014 with the Khatib family fo...