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Bombay High Court Allows Writ Petition Challenging Revision Order in Cooperative Loan Recovery — Guarantor's Liability Upheld Despite Non-Impleadment of Borrower. Section 101 Certificate Under Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside in Revision Without Proper Notice to All Parties.

The petitioner, Sunil Sitaram Mahajan, filed a writ petition challenging an order dated 20.01.2015 passed by the Divisional Joint Registrar, Cooperati...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Allows Writ Petition of Co-operative Housing Society Challenging Order of Divisional Joint Registrar. Expulsion of Member for Non-Payment and Acquisition of Another Flat Upheld Under Maharashtra Co-operative Societies Act.

The petitioner, M/s. Padmarag Co-operative Housing Society Ltd., challenged an order dated 9th July 2002 passed by the Divisional Joint Registrar (App...

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Bombay High Court Dismisses Petition for Appointment of Administrator to Sugar Co-operative Society Due to Alternative Remedy. Members' Grievance Regarding Non-Holding of Elections Must Be Raised Before Registrar Under Section 73 of Maharashtra Co-operative Societies Act, 1960.

The petitioners, members of respondent No.5 Sugar Co-operative factory in Sangli, filed a writ petition seeking a writ of mandamus against the State o...

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Bombay High Court Allows Petition Challenging Central Registrar's Orders in Co-operative Bank Dispute — Orders Set Aside for Violation of Natural Justice. Petitioner's Removal as Director Based on RBI Inspection Report Quashed as Registrar Failed to Provide Hearing Before Issuing Directions.

The petitioner, Zeeshan Mehdi, was elected as a director of Bombay Mercantile Co-operative Bank Ltd. (respondent no.3) in 2012. In January 2013, the c...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Bombay High Court Quashes Orders Rejecting Condonation of Delay in Customs and Central Excise Appeals; Directs Fresh Consideration. Appellate Authorities Failed to Exclude Time Taken in Prosecuting Writ Petitions Before Filing Statutory Appeals, as Required Under Section 14(2) of Limitation Act, 1963.

The judgment arises from two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court. The lead petition, WP N...