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Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

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Bombay High Court Allows Writ Petition Challenging Termination of Lease by BEST Undertaking Without Following Principles of Natural Justice. Lease Termination Quashed for Violation of Natural Justice as No Opportunity of Hearing Was Given.

The petitioner, Fortpoint Automotive Private Limited, was allotted a portion of land at Mahim Bus Depot by the Brihanmumbai Electric Supply & Transpor...

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Bombay High Court Quashes MCGM Eviction Orders for Violation of Natural Justice. Orders directing vacation of premises without prior notice or hearing set aside; MCGM directed to give opportunity of hearing before eviction.

The petitioners, Renuka Dhanrajgir Batlivala, Riaz Batlivala, and Zahan Batlivala, filed two writ petitions challenging orders dated 1st February 2019...

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Bombay High Court Allows Tenant's Appeal Against Refusal of Injunction in BMC Demolition Case - Tenant's Right to Challenge Demolition Notice Under Section 354 of MMC Act Not Dependent on Impleading Purchaser-Owners.

The appellant, Arun Jakson James, a tenant in possession of suit premises, challenged a notice issued under Section 354 of the Mumbai Municipal Corpor...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Allows Inclusion of Name in Voters List for Municipal Corporation Elections Despite Delay in Application. The court directed the electoral registration officer to include the petitioner's name in the voters list if he is otherwise eligible, emphasizing the constitutional right to vote.

The petitioner, Azhar Jahangir Shaikh, a resident of Ahmednagar, filed a writ petition seeking inclusion of his name in the voters list for the Ahmedn...

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Bombay High Court Dismisses Writ Petition Challenging MHADA Eviction Order in Slum Rehabilitation Case. Court upholds MHADA's jurisdiction to evict unauthorized occupants from transit accommodation under Section 3M of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971.

The judgment pertains to a writ petition filed by 16 individuals who were occupants of transit accommodation in a building known as 'Sukh Sadan' in Go...