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Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Interim Order in IPL Franchise Dispute. Court finds no misrepresentation in bid process and upholds arbitrator's order granting interim measures while imposing conditions on franchisee to protect BCCI's interests.

Background: The dispute arose from the Indian Premier League (IPL) franchise agreement between the Board of Control for Cricket in India (BCCI) and Ja...

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Bombay High Court Quashes Order of Special CBI Court Refusing Discharge of Corporate Debtor Under Section 32A of IBC. Section 32A(1)(a) of Insolvency and Bankruptcy Code, 2016 Grants Immunity to Corporate Debtor for Pre-CIRP Offences Upon Approval of Resolution Plan, Irrespective of Pending Appeals.

The case arose from two writ petitions filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1...

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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Bombay High Court Sets Aside Trial Court's Order on Court-Fees Valuation in Suit for Registration under Section 77 of Registration Act. Suit for Enforcement of Statutory Obligation Not Susceptible of Monetary Valuation, Governed by Section 6(iv)(j) of Bombay Court-fees Act, 1958, Not Section 6(xi).

The petitioners, as plaintiffs, filed a suit in the Court of Civil Judge, Junior Division, Pune under Section 77 of the Registration Act, 1908, seekin...