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Bombay High Court Quashes DRAT Order Waiving Pre-deposit in SARFAESI Appeal — Mandatory Deposit Under Section 18(1) Cannot Be Waived Without Recording Exceptional Hardship. Cooperative Bank's Right to Enforce Security Interest Upheld as Secured Creditor Under SARFAESI Act.

The petitioner, Godavari Laxmi Co-operative Bank Ltd., a cooperative bank, had issued a notice under Section 13(2) of the Securitisation and Reconstru...

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Bombay High Court Dismisses Writ Petition Challenging Tenancy Orders in Suo-Moto Enquiry Under Bombay Tenancy and Agricultural Lands Act, 1948. Landlord's Claim of Personal Cultivation Fails as Tenant's Possession and Default in Rent Payment Established.

The petitioners, Vinayak Ratnagiri Gosavi and Tryambak Shivram Gosavi, were the original opponents in a suo-moto tenancy enquiry initiated by the Tahs...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...

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Bombay High Court Allows Revenue Appeals in Cooperative Sugar Factory Tax Deduction Cases. Deductions from sugarcane price for various purposes held to be income of the society under Income Tax Act, 1961.

The Revenue filed appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The respondents, coop...

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High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

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CUSTOMS APPEAL NO. 100 OF 2012

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