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Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

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Bombay High Court Dismisses HPCL's Revision Against Eviction Decree in Lease Renewal Dispute. HPCL's Claim of Statutory Right to Renew Lease Under Section 7(3) of Caltex Act Rejected as Lease Was Not Renewed Before Expiry of Original Term.

The case involves a dispute between Hindustan Petroleum Corporation Limited (HPCL), the revision applicant, and the legal heirs of Mansukhlal Doshi, t...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy.

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conc...