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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 Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

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Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

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Bombay High Court Upholds Removal of Developer in Slum Rehabilitation Project Due to Non-Compliance with Scheme Conditions. Order of CEO SRA Upheld as Developer Found to Have Violated Terms of Agreement and Failed to Complete Project.

The petitioner, a company engaged as a developer for a slum rehabilitation project on a property owned by a cooperative housing society, filed a writ ...

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Bombay High Court Allows Writ Petition Challenging Apex Grievance Redressal Committee Order in Slum Rehabilitation Case. AGRC's Reversal of Developer Termination Set Aside for Non-Application of Mind and Violation of Natural Justice.

The petitioner, Hanuman Nagar (Jogeshwari) SRA CHS (Proposed), is a society of slum dwellers residing on a plot in Jogeshwari, Mumbai. In 2006, the ma...

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Bombay High Court Dismisses Petition Challenging Developer Selection in Slum Rehabilitation Scheme - Tenants of Municipal Corporation Held Ineligible to Vote. The court upheld the selection of developer by General Body Meeting, finding no procedural irregularity in service of notice or conduct of meeting.

The petitioners, claiming to be eligible slum dwellers, challenged the appointment of Respondent No.7 as developer for a Slum Rehabilitation Scheme on...

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Bombay High Court Grants Interim Injunction in Arbitration Dispute Over Saleable FSI and Possession of Property. Court restrains respondents from alienating saleable FSI and disturbing possession pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioners, Atul Resorts and Hospitality India Pvt. Ltd. and Atul Projects India Ltd., filed two arbitration petitions under Section 9 of the Arb...

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Bombay High Court Dismisses Appeal Against Injunction in Suit for Declaration of Ownership and Possession of Chawl Rooms. Appellants Failed to Establish Prima Facie Case for Temporary Injunction Under Order 39 Rules 1 and 2 CPC.

The appellants, eleven individuals, filed a suit in the Bombay High Court seeking a declaration of ownership and permanent injunction in respect of ce...

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Bombay High Court Dismisses Writ Petition Challenging SRA Termination of Developer in Slum Rehabilitation Scheme. Developer Failed to Complete Project Within Stipulated Time and Did Not Comply with Development Agreement and SRA Conditions.

The Petitioner, Shailesh Mulchand Savla, sole proprietor of M/s. Kunal Builders & Developers, filed a Writ Petition challenging the termination of his...