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Search Results for "Private Receiver"

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High Court

Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

28 Jan 2026

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition Seeking Appointment of Receiver and Injunction Against Society Members in Redevelopment Dispute. Court holds that disputes regarding entitlement to alternate accommodation and possession are not arbitrable under the Development Agreement and that the remedy lies before the Cooperative Court under the Maharashtra Cooperative Societies Act, 1960.

3 May 2019

The petitioner, Kamla Homes and Lifestyle Private Limited, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Allows Appeal in Suit for Recovery of Business Premises — Conducting Agreement Not Proved as License; Relationship of Licensor-Licensee Not Established. The court held that the plaintiff failed to prove the conducting agreement and the defendant's possession was adverse, barring the suit by limitation.

19 May 2020

The appellants (original defendants) challenged the judgment and decree dated 20th March 2007 passed by the Bombay City Civil Court, which decreed the...

High Court

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.

7 Jan 2020

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

High Court

Bombay High Court Hears Interim Application in Redevelopment Dispute – Plaintiff Seeks Eviction of Remaining Occupants under Development Agreement. Court Addresses Whether Non-Cooperating Occupants Can Be Compelled to Vacate Pending Suit Where Majority Have Already Vacated.

16 Oct 2025

This matter arises from an interim application filed by the plaintiff, Ambit Life Style Homes LLP, in a suit for enforcement of a registered developme...

High Court

Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

17 Aug 2022

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

High Court

Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

15 Mar 2021

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

High Court

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.

30 Jul 2013

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

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

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