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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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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to Withdraw Consent for Arbitrator Appointment in Arbitration Dispute — Consent Once Given Cannot Be Unilaterally Withdrawn Under Section 11 of Arbitration and Conciliation Act, 1996.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 Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Charter Hire Dispute. Section 37 of the Arbitration and Conciliation Act, 1996 Does Not Provide for Appeal Against Interim Orders Under Section 17 of the Act.

The case involves an appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 37 of the Arbitration and Conciliation Act, 1996, chall...

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Bombay High Court Allows Originating Summons in Trust Interpretation Case Under Rule 238. Court Holds That Questions Regarding Interpretation of Superannuation Trust Deed Are Maintainable Under Rule 238 of Bombay High Court (Original Side) Rules.

The present Originating Summons was filed by the plaintiffs, Mr. S. Sundara Raman and another, seeking interpretation of certain clauses of a trust de...

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Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...