Search Results for "Redevelopment Agreement"

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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High Court Quashes Unilateral Conveyance Certificate Under MOFA Due to Lack of Notice and Jurisdiction -- Co-Owners' Rights Upheld in Property Dispute Involving Lease and Deed of Assignment

The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limit...

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Supreme Court Allows Appeal for Development Rights Certificate in Land Reservation Case. Held That Landowner Entitled to DRC for Entire Reserved Area Under Section 126(1)(c) of MRTP Act, 1966.

The appellants, Godrej and Boyce Manufacturing Company Limited and its constituted attorney, owned land bearing CTS No. 2B (part) and 3B in Mumbai, wh...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Dismisses Suit Challenging Slum Land Acquisition as Barred by Section 42 of Maharashtra Slum Areas Act — Preliminary Issue of Bar of Suit Decided in Favor of Defendant No.5.

The suit was filed by the Plaintiffs seeking a declaration of ownership of a plot of land and challenging its acquisition by the State Government unde...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Quashes Stamp Duty Demand on Shifting Agreements in MHADA Redevelopment Project — Collector of Stamps Lacked Review Power and Agreements Were for Temporary Shifting, Not Permanent Alternate Accommodation Under Article 25(d) of Bombay Stamp Act, 1958.

The Petitioner, Guruashish Construction Pvt. Ltd., a builder and developer, entered into a tripartite Joint Development Agreement dated 10 April 2008 ...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...