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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Hears Writ Petition Challenging Disqualification of Municipal Councillors under Maharashtra Municipal Councils Act, 1965. The Minister's order was impugned on grounds of non-application of mind, lack of statutory violation, and absence of malafide intent.

The writ petition was filed by ten elected members of the Katol Municipal Council, including the President, ex-President, and councillors, challenging...

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Bombay High Court Allows Eviction Petition by Airports Authority Against Licensee in Public Premises Act Case. Licence Expired by Efflux of Time, Occupant Becomes Unauthorised Under Section 2(g) of Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner, Airports Authority of India, a body corporate constituted under the Airports Authority of India Act, 1994, challenged an order dated 8...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Records — Civil Suit Pending Before Civil Court Must Be Decided First. Mutation Entry Does Not Confer Title; Revenue Authorities Directed to Await Civil Court Decision.

The petitioners filed a writ petition challenging a mutation entry made in the revenue records in favor of the respondents. The dispute pertained to a...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...