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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared.

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession o...

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Bombay High Court at Goa Quashes Lokayukta Investigation in Tourism Contract Case for Lack of Jurisdiction. Lokayukta Cannot Investigate Matters Already Decided by Competent Authority Under Section 12 of the Goa Lokayukta Act, 2011.

The case involves three writ petitions filed by Bhumika Cleantech Services Pvt. Ltd., Manish R. Mohata, and Ram Cleansers & Developers Pvt. Ltd. chall...

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Bombay High Court Dismisses Customs Reference Application for Non-Compliance with Time Limit Under Section 130A(4) of Customs Act, 1962. CESTAT's failure to submit statement of case within 120 days renders reference time-barred, leading to discharge of bank guarantee.

The petitioners, Asit C. Mehta Financial Services Limited and Asit C. Mehta, filed a writ petition seeking dismissal of Customs Application No. 28 of ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Appellant failed to show any substantial question of law arising from concurrent findings of courts below regarding possession and title of suit property.

The case involves a second appeal filed by Sou. Sheetal Ulhas Dangi, who was the original defendant no.22, against the judgment and decree passed by t...