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Madras High Court Grants Decree for Possession and Arrears in Commercial Lease Dispute — Tenant Failed to Pay Rent and Vacate Premises. Landlord Entitled to Recovery of Possession, Rental Arrears, Damages for Use and Occupation, and GST with Interest at 18% Per Annum.

The plaintiff, Faisal Khan, filed a suit in the High Court of Judicature at Madras seeking recovery of possession of his commercial property located a...

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Bombay High Court Allows Appointment of Arbitrator in Leave and License Agreement Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Court Holds That Existence of Arbitration Clause and Disputes Justify Appointment, Leaving Issues of Limitation and Validity to Arbitrator.

The applicant, Bafna Motors Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

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Bombay High Court Quashes MCGM Eviction Orders for Violation of Natural Justice. Orders directing vacation of premises without prior notice or hearing set aside; MCGM directed to give opportunity of hearing before eviction.

The petitioners, Renuka Dhanrajgir Batlivala, Riaz Batlivala, and Zahan Batlivala, filed two writ petitions challenging orders dated 1st February 2019...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found.

The petitioner, Garuda Aviation Services Pvt. Ltd., was granted a license by the Airport Authority of India (AAI) to operate a car parking facility at...

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Bombay High Court Upholds Appointment of Court Receiver in Redevelopment Dispute Between Society, Developer, and Occupants. Court Directs Handover of Possession Subject to Payment of Compensation Under Development Agreement.

The appeal arose from a judgment of a learned Single Judge appointing the Court Receiver as Receiver of two flats occupied by the appellants and direc...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Status Upheld. Brother-in-law held to be gratuitous licensee, not co-owner, as plaintiff proved self-acquisition of property under Transfer of Property Act, 1882.

The case involves a dispute between Sujata Ashok Moon (plaintiff/respondent) and Rajendra Parasramji Moon (defendant/appellant) over possession of a t...

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Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction.

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, i...

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Bombay High Court Dismisses Developer's Section 9 Petition for Possession Against Tenant in Arbitration Dispute — Interim Relief Denied as Disputed Questions of Fact Require Trial

The petitioner, M/s. Gandhi Adhivitiya Combine, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking a...