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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 Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

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Bombay High Court Dismisses Petitioners' Challenge to Land Reservation for Public Garden in Kolhapur Development Plan. Reservation under Section 22 of MRTP Act, 1966 for public garden upheld as valid and not arbitrary, rejecting claims of delay and hardship.

The judgment concerns two connected matters: a writ petition filed by 15 members of the Jamsandekar family and a public interest litigation filed by P...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for Road Widening Due to Lack of Title. Petitioners failed to prove ownership of the acquired land, and the acquisition was for a public purpose under the MRTP Act, 1966.

The petitioners, claiming to be owners of certain lands in Kolhapur, filed a writ petition challenging the acquisition of their land for road widening...

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Bombay High Court Upholds Rejection of Plaint in Waqf Property Dispute for Non-Compliance with Section 89 of Waqf Act, 1995. Suit for Injunction Against Deputy Collector Barred as Statutory Notice Under Section 89 Not Served Before Filing Suit.

The case involves a civil revision application filed by the original plaintiffs against an order of the Waqf Tribunal rejecting their plaint under Ord...

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Bombay High Court Dismisses Appeal Against Single Judge Order in Suit for Specific Performance and Injunction — Court Receiver Directed to Hand Over Possession to Plaintiff. Held that the Court Receiver's appointment was proper and the appeal lacked merit.

The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Singl...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Loan Dispute — Petitioner's Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Rejected. Court Held That Arbitrator's Findings on Default and Foreclosure Were Not Patently Illegal or Against Public Policy.

The petitioner, M/s. Sea Eagle Dredging Marine Infrastructure Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation A...

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Bombay High Court Dismisses PIL Challenging MCGM Contract Awards in Public Interest Litigation. Court Finds No Irregularity in Tender Process and Upholds Validity of Contracts for Road Works.

The present Public Interest Litigation (PIL) was filed by Jayshree Ramakant Khadilkar Pande challenging the award of four contracts by the Municipal C...

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High Court Quashes Stamp Duty Demand and Order in Writ Petition by Petitioner Against State of Maharashtra Under Maharashtra Stamp Act, 1958 Due to Time-Barred Proceedings and Erroneous Computation

The Petitioner, challenged Demand Notices and an Order by the Collector of Stamps and CCRA under the Maharashtra Stamp Act, 1958, alleging a deficit i...