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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

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Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Allows Revenue Appeals in Cooperative Sugar Factory Tax Deduction Cases. Deductions from sugarcane price for various purposes held to be income of the society under Income Tax Act, 1961.

The Revenue filed appeals under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal. The respondents, coop...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...