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Bombay High Court Allows Appeal Under Section 6 of Specific Relief Act for Possession Based on Prior Possession. The court held that the appellant had established prior possession and dispossession without consent, entitling her to a decree for possession under Section 6 of the Specific Relief Act, 1963.

The appellant, Cian De Souza, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking vacation and peaceful possession of Flat No.4, Ha...

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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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Bombay High Court Dismisses Developer's Section 9 Petition Against Tenant Not Party to Arbitration Agreement. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a third party who is not bound by the arbitration agreement.

The petitioner, Heritage Lifestyles & Developers Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking int...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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Bombay High Court Considers Interim Relief in Redevelopment Contract Dispute. Non-Cooperating Members of Cooperative Housing Society Face Motion for Injunction and Mandatory Orders.

The plaintiff, a developer, filed suit for specific performance of a redevelopment contract against a cooperative housing society and some of its non-...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...