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High Court Allows Writ Petition, Quashes DRAT Order Imposing Pre-deposit on Tenant Under SARFAESI Act -- Petitioner, Neither Borrower Nor Guarantor, Not Required to Deposit 40% for Appeal -- Appeal Revived and Restored for Merits Consideration Without Pre-deposit

The Petitioner, a tenant in a redeveloped building, challenged an order of the Debt Recovery Appellate Tribunal, Mumbai (DRAT, Mumbai) that required h...

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Bombay High Court Dismisses Petitioners' Challenge to Demolition of Unauthorized Constructions in Splendor Complex. Unauthorized structures built in violation of sanctioned plans and DCR are liable for demolition under Section 53 of MRTP Act, 1966.

The case involves six writ petitions filed by residents of Splendor Complex, JVLR, Andheri (East), Mumbai, challenging the demolition of certain struc...

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Bombay High Court Rejects Plaint for Non-Compliance with Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Urgent Interim Relief and Without Mandatory Mediation is Barred.

The defendant, Dipti Co-operative Housing Society Ltd, filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking reje...

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Bombay High Court Allows Petitions Against Demolition Without Notice Under Section 354 of MMC Act. Municipal Corporation Directed to Restore Possession and Follow Due Process Before Demolition of Alleged Unauthorised Structures.

The judgment concerns two writ petitions filed by Suman Devidas Somani and Ambika Kutty against the Municipal Corporation of Greater Mumbai and others...

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Bombay High Court Quashes Condition in IOD Requiring Registered Agreement with Tenant for Redevelopment. Condition No.10 in IOD directing that registered agreement with existing tenant not be submitted before CC is set aside as arbitrary and contrary to DCR.

The Petitioner, MIG (Bandra) Realtors and Builders Pvt. Ltd., a developer, acquired redevelopment rights over land admeasuring approximately 20149.40 ...

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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 Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court Dismisses Petition for Inclusion in Slum Rehabilitation List Due to Lack of Electoral Roll Evidence. Petitioner failed to prove residence as of 1.1.1995, a requirement under the Slum Rehabilitation Scheme.

The petitioner, Indu Ramchandra Khanvilkar, claimed to have a hut on survey no.162/162-2/1 to 7, 165/1 to 84 at Village Malad, Taluka Borivli, which w...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...