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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

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Bombay High Court Partially Allows Appeal Against Arbitral Order of Asset Disclosure and Injunction in Commercial Arbitration Dispute. Court upholds disclosure direction but modifies injunction to apply only to assets sufficient to secure the claim amount.

The case involves a petition under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Manish Khera and another (petitioners) challengi...

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Bombay High Court Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

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Bombay High Court Dismisses Petition Challenging Slum Rehabilitation Scheme Implementation. Court upholds eligibility determination and authorization of developer under Maharashtra Slum Areas Act, 1971.

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking to quash proceedings leading to implementation of a Slum ...

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Bombay High Court Allows Writ Petitions Challenging Execution of Decrees Against Cooperative Society Members Under Section 101 of Maharashtra Cooperative Societies Act, 1960 — Recovery Proceedings Quashed for Non-Compliance with Pre-Deposit Requirement

The judgment involves four writ petitions filed by petitioners challenging execution proceedings initiated by respondent cooperative societies under S...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Sets Aside Revisional Order and Upholds Cooperative Bank's Auction Sale Despite Technical Objection on Deposit. Adjustment of Earnest Money Towards Mandatory 15% Payment Under Auction Terms Held Valid; Defaulting Borrower's Plea Rejected.

The petitioners, a cooperative bank and its Special Recovery Officer, challenged the order dated 19th January 2013 passed by the Divisional Joint Regi...