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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Court Orders MSEDCL to Refund Excess Charges to Consumers Maharashtra State Electricity Distribution Company Ltd. found in violation of MERC orders; Consumer Grievance Redressal Forum directs refunds with interest.

The consolidated petitions, involving orders passed by the Consumer Grievance Redressal Forum (CGRF) in individual complaints against the Maharashtra ...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Dismisses PIL Challenging Search Committee Appointment for Vice Chancellor of Pune University. UGC Regulations, 2010 Held Directory, Not Mandatory, for Appointment Under Maharashtra Universities Act, 1994.

This Public Interest Litigation (PIL) was filed by Suresh Patilkhede challenging the appointment of the Search Committee for recommending a panel for ...

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Bombay High Court Allows Extension of Time to File Written Statement Beyond 90 Days in Civil Suit — Order VIII Rule 1 CPC Held Directory. Petitioner/Defendant Granted Relief as No Dilatory Tactics Were Adopted and Sufficient Cause Was Shown for Delay.

The petitioner/defendant challenged the judgment and order dated 30th June 2003 passed by the learned Civil Judge, Junior Division, Margao, which decl...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal's Interim Relief Order in Retrenchment Dispute. Tribunal's power to grant interim relief under Section 25-N of Industrial Disputes Act, 1947 upheld as incidental to adjudication of reference.

The petitioner, United White Metal Ltd., a company engaged in manufacturing steel wire ropes, purchased a factory undertaking from M/s. OTIS Elevators...