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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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High Court Directs Magistrate to Expeditiously Dispose Section 14 SARFAESI Application for Possession of Secured Asset. Financial Institution's Right to Take Possession of Mortgaged Property Upheld; Magistrate Directed to Pass Orders Within Two Weeks.

The petitioner, L & T Housing Finance Ltd., a financial institution registered under the National Housing Bank Act, 1987, and as a Securitization and ...

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Bombay High Court Examines Validity of Notification Exempting Light Motor Vehicles and MSRTC Buses from Toll on Sion-Panvel Highway. Dispute Arises from Concession Agreement Where Petitioner Alleges Arbitrary Exemptions Cause Substantial Daily Revenue Loss and Contradicts Terms of Agreement.

The dispute arose from a concession agreement for widening and maintaining an arterial highway from Mumbai to Panvel, awarded to M/s Sion Panvel Tollw...

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Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application.

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appell...