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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Orders Transfer of Investigation in Dowry Death Case Due to Biased and Haphazard Investigation by Police. Court directs Crime Branch to take over investigation of C.R. No.286/2004 registered under various sections of IPC and Dowry Prohibition Act.

The petitioner, Bastimal Hajarimal Porwal, filed a writ petition seeking transfer of investigation in C.R. No.286/2004 registered at Byculla Police St...