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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Due to Failure of Multi-Tier Dispute Resolution Mechanism. Failure to Appoint Arbitrator Within 30 Days Triggers Section 11(6) of Arbitration and Conciliation Act, 1996.

The applicant, M/s. Mehra & Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeki...

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High Court of Karnataka Sets Aside Order Referring Dispute to Arbitration in Commercial Suit — Arbitration Agreement Not Duly Signed by Plaintiff. Section 8 of Arbitration and Conciliation Act, 1996 requires existence of valid arbitration agreement; mere reference in invoices insufficient.

The petitioner, M/s. Tusker Workspace Pvt. Ltd., filed a commercial suit (Com. O.S. No.207/2024) before the LXXXVI Additional City Civil and Sessions ...

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Bombay High Court Dismisses Appeal for Specific Performance of Oral Agreement for Sale of Shop. Oral Agreement for Sale of Immovable Property Not Enforceable Under Section 54 of Transfer of Property Act, 1882 and Section 17 of Registration Act, 1908.

The appellant, original plaintiff, filed an appeal against the judgment of a learned Single Judge of the Bombay High Court in Suit No.590 of 1980, whe...

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Bombay High Court Dismisses Petition by Unauthorized Occupants Challenging Redevelopment Approval Under DCR 33(7) — Encroachers Lack Locus Standi to Challenge Approval Granted to Cooperative Society of Municipal Tenants.

The case involves a writ petition filed by Pramod Vithal Salgaonkar, the Chief Promoter of Shree Dattaguru CHS (Prop), and another petitioner, challen...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Dismisses Builder's Appeal in Property Tax Assessment Dispute — Slum Rehabilitation Scheme Does Not Entitle Exemption from Property Tax Under Mumbai Municipal Corporation Act, 1888.

The appeal was filed by Akruti Nirman Pvt. Ltd. and its Managing Director, Shri Vyomesh M. Shah, challenging the order of the Additional Chief Judge o...