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Bombay High Court Dismisses Applicant's Challenge to Fugitive Economic Offender Proceedings — Procedural Direction to Split Hearing Not Interfered With. Mandatory Compliance with Section 4(2) and Section 10(2) of Fugitive Economic Offenders Act, 2018 Not Required at Initial Stage of Declaration.

The applicant, Mehul Choksi, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, challenging an order dated 31 Januar...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Dismisses Appeal by Housing Society and Members Against Builder and Flat Owners in Suit for Declaration and Injunction. Court Holds That Dispute Over Construction of Additional Floors and Common Amenities Is Not Maintainable Without Proper Evidence of Title and Breach of Contract.

The appellants, Shangrilla Apartments Co-op. Housing Society Ltd. and its members, filed a suit (Special Civil Suit No.130/2000) before the Civil Judg...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Bombay High Court Dismisses Petition for Restoration of Auctioned Flat and Compensation. Petitioner failed to establish any legal right to property after lawful auction by State for recovery of government dues.

The petitioner, Tarun Chhanalal Shah, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeki...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind to Bail Conditions. Preventive detention order set aside as detaining authority failed to consider that detenu was on bail and conditions ensured no prejudicial activity.

The petitioner, Intezar Umar Daraj Khan, challenged an order of preventive detention dated 31st October 2005 passed by the Commissioner of Police, Mum...