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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

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High Court Dismisses Petition by Petitioner Challenging Membership Grant Under Maharashtra Co-operative Societies Act, 1960 -- Lease Conditions and Statutory Amendments Upheld in Favor of Respondents

The petitioner society filed a Writ Petition under Article 227 of the Constitution of India, challenging orders that granted membership to respondent ...

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High Court Allows Writ Petition Quashing Rejection of Deemed Conveyance Application Under Maharashtra Ownership Flats Act, 1963 -- Directs Competent Authority to Grant Deemed Conveyance to Kartik Regency Co-operative Housing Society

The High Court allowed a writ petition challenging the rejection of a deemed conveyance application under Section 11 of the Maharashtra Ownership Flat...

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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High Court Condemns Demolition by Municipal Corporation Under Guise of DCPR 2034 Redevelopment Scheme. Appeal from Order Dismisses Demolition as High-handed and Illegal Under Regulation 33(9) of Development Control and Promotion Regulation 2034.

The matter pertains to an appeal from order filed by M/s. Mehta & Co., a partnership firm through its partner Mr. Adarsh Varma, as original plaintiff,...

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Supreme Court Allows Appeal in Preemption Decree Default Case – Stay of Execution Did Not Extend Time for Deposit. Interpretation of Order XX Rule 14 CPC Concerning Automatic Extension of Time After Stay.

The Supreme Court considered the effect of a stay of execution on a time-bound direction to deposit purchase money in a preemption decree. The decree-...

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WRIT PETITION NO. 957 OF 2013

The petitioners, retired employees of the Mumbai Municipal Corporation, along with other slum dwellers, filed writ petitions under Article 226 of the ...