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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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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit...

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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 Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...