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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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Bombay High Court Dismisses Appeal Against Deposit Condition in Commercial Suit — Upholds Order Requiring Defendant to Deposit Rs.1.5 Crore for Reconsideration of Earlier Condition. Court Held That Imposition of Deposit Condition Was Not Arbitrary and Defendant Failed to Show Any Change in Circumstances.

The appellant, Sunil B. Bhosale, was the original defendant in Suit No.4351 of 1996 filed by the respondent, Kamal Organic Chemicals, a division of Ki...

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Bombay High Court Allows Petition Challenging Condition of Pre-deposit of Compensation for Suspension of Sentence in NI Act Case. Condition Imposed by Sessions Court Held Unreasonable and Beyond Appellate Court's Power Under Section 357(2) CrPC.

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, was convicted by the Judicial Magistrate, F...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Earnest Money Deposit in Tender Dispute. Withdrawal of Offer Before Acceptance by Standing Committee Does Not Bar Forfeiture Under Tender Conditions.

The Petitioner, M/s Hasmukhlal & Co., submitted a tender in June 2000 to the Municipal Corporation for Greater Mumbai for supply of road metal. The te...