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Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

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Bombay High Court Allows Interim Application in Waqf Property Dispute — Status Quo Maintained Pending Final Hearing. Court holds that interim protection is necessary to preserve the subject matter of the suit and prevent irreparable loss to the applicants.

The present matter is an interim application filed in a suit pending before the Bombay High Court. The applicants, Masjid and Madarsa Gausiya (a regis...

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Bombay High Court Allows Redevelopment of C-1 Building Despite IBC Moratorium — Development Rights Not Asset of Corporate Debtor. Cooperative Housing Society's Right to Redevelop Its Property Upheld Against Resolution Professional's Interference.

The Petitioner, Kher Nagar Sukhsadan Co-operative Housing Society Ltd., owned a building on land leased from MHADA. In 2005, it entered into a Develop...

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Bombay High Court Partly Allows BEST's Petition Against Industrial Court Order on Unfair Labour Practices — Increments and Leave Benefits for Daily Wagers Upheld Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Brihan Mumbai Electric Supply & Transport Undertaking (BEST), challenged a judgment and order dated 17th October 2019 passed by the Pr...

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Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...

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Bombay High Court at Goa Disposes PIL Seeking Implementation of Earlier Directions on Demarcation of High Tide Line and CRZ Compliance for Beachfront Hotel. Court Holds That Authorities Must Determine if Construction Falls Within Prohibited Zone Under CRZ Notification, 1991.

The Goa Foundation, a public interest organization, filed PIL Writ Petition No. 26 of 2017 before the High Court of Bombay at Goa, alleging that the G...

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Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found.

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corp...