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Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements.

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) ag...

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Bombay High Court Directs BMC to Provide Alternate Premises to Disabled Petitioner After Illegal Demolition of Stall. License Under Section 394 of MMC Act, 1888 Does Not Authorize Structure on Public Land, but Demolition Without Notice Violates Natural Justice.

The petitioner, Mohd. Sayed Mohd. Salim Nagori Rizvi, a person with 100% hearing disability, filed a writ petition seeking reconstruction of his stall...

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Bombay High Court Allows Petition Challenging Demolition of Bungalow Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. Demolition Without Prior Notice and Opportunity of Hearing Held Illegal and Violative of Natural Justice.

The petitioners, M/s Asian Rubber Works and another, filed a writ petition under Article 226 of the Constitution of India challenging the illegal demo...

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Bombay High Court Dismisses PIL Challenging Amendment to DCR 33(7) Appendix III for Lack of Locus Standi and Bonafides. Petitioner failed to establish any public interest or personal injury, leading to dismissal with costs.

The petitioner, Mr. Imran Suleman Qureshi, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging an amendment dated 21/05/2011...

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Bombay High Court Dismisses Tenants' Petition Challenging Demolition Notice for Dilapidated Building, Directs LIC to Reconstruct with Tenant Accommodation. The court held that the building was unsafe and required demolition, but LIC must provide alternative accommodation to tenants during reconstruction.

The judgment concerns a writ petition filed by tenants of the General Assurance Building in Mumbai, challenging a notice issued under Section 354 of t...