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Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in SARFAESI Act Case — Civil Suit Held Not Maintainable Due to Bar Under Section 34 of SARFAESI Act. Borrowers Must Avail Remedy Under Section 17 Before DRT Instead of Seeking Injunction in Civil Court.

The case involves an appeal filed by the appellants, who are borrowers and guarantors, against an order of the Commercial Division of the Bombay High ...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...