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Bombay High Court Hears Section 34 Petition Against Arbitral Award Rejecting Securities Claim on Grounds of Forum Shopping. Petitioners Contend That Regulatory Proceedings Against Clearing Member and Arbitration Against Depository Are Distinct, Allowing Simultaneous Pursuit Under Indemnity Principles.

This matter arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Judicature at Bombay...

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Bombay High Court Dismisses Insurance Company's Petition Challenging Ombudsman Award in Favor of Widow in Housing Loan Insurance Claim. Non-Disclosure of Pre-Existing Conditions Not Material to Risk, Ombudsman's Award Upheld.

This case involves a widow, Gauri V. Raut (Respondent No. 2), whose husband, along with her father-in-law and brother-in-law, passed away within a spa...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Flat Purchase Dispute — Time Was Essence of Contract. Appellant failed to pay balance consideration within stipulated time; arbitrator's award of interest and costs upheld under Section 37 of Arbitration and Conciliation Act, 1996.

The appellant, Mr. Nirmal Sureka, entered into two agreements on 26.11.1999 with respondent nos. 1 and 2 (Alankar Real Estate Pvt. Ltd. and Hotel Amar...

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Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...