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Bombay High Court Dismisses Application to Declare Suit Non-Commercial in Specific Performance Dispute. Dispute over permanent alternate accommodation agreements held to be commercial under Section 2(1)(c) of Commercial Courts Act, 2015.

The plaintiff, Sanghvi Premises Pvt. Ltd., filed a Commercial Suit No. 181 of 2018 seeking specific performance of permanent alternate accommodation a...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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High Court of Bombay at Goa Dismisses Revision Applications Against Rejection of Plaint Dismissal in Money Suit. Order VII Rule 11 CPC Application for Rejection of Plaint Dismissed as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The case involves three civil revision applications filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging a common order date...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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High Court of Karnataka Quashes No Objection Certificate for Petroleum Unit Due to Non-Compliance with Distance Norms and Lack of Consent from Landowners. Deputy Commissioner's Order Set Aside for Violating Petroleum Rules and Principles of Natural Justice.

The petitioners, Smt. N. Padmavathamma and Thippeswamy T., filed two writ petitions under Articles 226 and 227 of the Constitution of India challengin...