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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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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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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

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Bombay High Court Dismisses Writ Petition Challenging Tenancy Orders in Suo-Moto Enquiry Under Bombay Tenancy and Agricultural Lands Act, 1948. Landlord's Claim of Personal Cultivation Fails as Tenant's Possession and Default in Rent Payment Established.

The petitioners, Vinayak Ratnagiri Gosavi and Tryambak Shivram Gosavi, were the original opponents in a suo-moto tenancy enquiry initiated by the Tahs...

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Bombay High Court Allows Cooperative Housing Society's Petition Quashing MHADA Circular Imposing Additional Premium on Redevelopment. Circular dated 17-10-2007 held ultra vires and not applicable retrospectively to societies which had already obtained NOC, IOD, and Commencement Certificate.

The petitioner, Vishva-Villa Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, owned a plot o...

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Madras High Court Quashes Recovery Order Against Cooperative Society Secretary Due to Lack of Show Cause Notice and Coerced Consent. Non-issuance of show cause notice prior to recovery of alleged loss from gratuity violates principles of natural justice, despite existence of consent letter.

The petitioner, P. Sunasekaran, served as Secretary of the Police Forces Women Industrial Cooperative Society (fifth respondent). The Society supplied...

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Bombay High Court Dismisses Petition Challenging Arbitration Award in Property Dispute. Court upholds award based on settlement agreement and finds no grounds for interference under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Suratsingh Chaudhary, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitration award...

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Bombay High Court Decides Appeal Regarding Retrospective Reassessment of Property Tax Under Mumbai Municipal Corporation Act, 1888. Single Judge had Quashed Orders and Demands Reassessing Rateable Value from 1-4-2000.

The Municipal Corporation of Greater Mumbai issued special notices in 2001 and 2002 reassessing the rateable value of Dalamal Tower Premises Co-operat...