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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Plaintiff Fails to Prove Title and Possession for Injunction and Recovery of Rent. Suit for Permanent Injunction, Possession, and Recovery of Rent Dismissed as Plaintiff Did Not Establish Ownership or Possession Over Suit Property.

The case involves a second appeal filed by the original plaintiff, Ramchandra Vaman alias Gopal Naik Ganto (since deceased, represented by legal repre...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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Bombay High Court Allows BSNL's Appeal Against Section 9 Order for Handover of Equipment in Arbitration Dispute Between Lessor and Lessee. Third Party Not Bound by Arbitration Agreement Cannot Be Directed to Handover Possession Under Section 9 of Arbitration and Conciliation Act, 1996.

The case involves an appeal filed by Bharat Sanchar Nigam Limited (BSNL) under Section 37 of the Arbitration and Conciliation Act, 1996, against a jud...

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Karnataka High Court Upholds Excise License Renewal for Bars and Restaurants Despite Minor Irregularities in Application Process. License Renewal Cannot Be Denied for Technical Defects When Licensee Has Substantially Complied with Conditions and Paid Fees.

The case involves multiple writ appeals filed by the State of Karnataka and its excise authorities against orders of a learned Single Judge directing ...

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Bombay High Court Dismisses Writ Petitions by Market Committee and Licensee in Suit for Possession and Mesne Profits — Licensee Estopped from Denying Licensor's Title Under Section 116 Evidence Act, 1872; Market Committee Not Necessary Party in Co-owner Dispute.

The case involves a dispute over possession of a shop in a market yard. The plaintiffs, Mohammad Hanif Abdul Wahid Shaikh and Mohammad Asif Mohammad H...