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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Dismisses Appeal by Revenue Authorities in Stamp Duty Dispute — Security-cum-Mortgage Bond for Guaranteeing Third-Party Loan is Collateral Security Under Article 40(c) of Maharashtra Stamp Act, 1958, Not a Mortgage Deed Under Article 40(a).

The present Letters Patent Appeal was filed by the Joint District Registrar and Collector of Stamps, Nagpur, and the Chief Controlling Revenue Authori...

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WRIT PETITION NO. 5204 OF 2019

The present writ petition was filed by six petitioners, including two public limited companies and four individuals, challenging an order dated 30.05....

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Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

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Bombay High Court Dismisses Appeal in Admiralty Suit — No Additional Security Required for Vessel Release. Court held that the appellant/plaintiff was adequately secured by existing bank guarantee and security, and no rearrest or additional security was warranted under the Admiralty jurisdiction.

The case involves an appeal by HSH Nordbank AG (the original plaintiff) against an order dated 24 March 2014 passed by a learned Single Judge of the B...

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Bombay High Court Allows Petition Challenging Stamp Duty Demand on Collateral Security Bond. Security-cum-Mortgage Bond executed as collateral security for loan is chargeable under Article 40(c) of Schedule I of Bombay Stamp Act, 1958, not as mortgage deed.

The petitioner, M/s. Jaika Automobiles Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Bank Guarantees in Tender Dispute. Earnest Money Deposit Forfeited as Bidder's Unilateral Discount Offer After Bid Opening Violated Tender Terms.

The petitioner, Knowledge Infrastructure Systems Pvt. Ltd., a company engaged in coal trading, along with its shareholder, filed a writ petition under...

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Supreme Court Allows Appeal in MPID Act Deposit Dispute — High Court Erred in Treating Investment as Loan Transaction. The court held that amounts advanced with promise of interest constitute 'deposit' under Section 2(c) of MPID Act, and failure to repay amounts to 'fraudulent default' under Section 3.

The present appeal arises from a judgment of the Bombay High Court dismissing the appellants' Criminal Revision Application under the MPID Act. The ap...