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Bombay High Court Allows Refund of Earnest Money in Tender Withdrawal Case — Forfeiture Order Set Aside. Petitioner's withdrawal of offer before tender opening due to delay held valid, and forfeiture of earnest money without contractual basis was illegal.

The petitioner, Vinod J. Agarwal, filed a writ petition seeking a declaration that the order of forfeiture of earnest money passed by the Mira-Bhayand...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Sale Dispute. Court upholds award of Rs.1.88 crore with interest for breach of contract, rejecting grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Sahara Hospitality Limited (formerly Batra Hospitality Private Limited), filed a petition under Section 34 of the Arbitration and Conc...

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Bombay High Court Allows Writ Petition Challenging Rejection of Tender at Envelope Opening Stage in Public Works Contract. Tender Evaluation Procedure Must Follow Stipulated Conditions; Rejection Without Opening Price Bid Held Invalid.

The petitioners, three artificial persons, filed a writ petition under Article 226 of the Constitution of India challenging the action of respondent n...

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Bombay High Court Allows Writ Petition Challenging Auction Sale of Guarantor's Property Without Notice Under Maharashtra Cooperative Societies Act. Court holds that sale of property belonging to a guarantor without notice under Section 101 and Rule 107 is void and liable to be set aside.

The petitioner, Amit P. Modi, filed a writ petition challenging the auction sale of his property by the respondent no.5 society, for which he was a gu...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...