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WRIT PETITION NO. 5539 OF 2017

The petitioner, M/s. Veekaylal Investment Co. Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India in the Bombay High Court...

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Bombay High Court Dismisses Petition Challenging Refusal to Condon 902-Day Delay in Setting Aside Ex-Parte Order. Delay of 902 days in seeking to set aside order 'Suit to proceed without written statement' not sufficiently explained; Court upholds trial court's refusal to condone delay.

The petitioner, Rupchand Rajmalji Jain (Sancheti), was defendant No.2 in a suit filed before the City Civil Court, Mumbai. The suit was originally fil...

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High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Bombay High Court Dismisses Petitioner's Challenge to Bank Auction — Bid Below Reserve Price and Without Earnest Money Rejected. Auction Sale Confirmed in Favor of Highest Bidder Despite Petitioner's Claim of Irregularity.

The Petitioner, Goldie Sud, filed a writ petition under Article 226 of the Constitution of India challenging the public auction conducted by Punjab Na...

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Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...