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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...

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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Hears Interim Application in Redevelopment Dispute – Plaintiff Seeks Eviction of Remaining Occupants under Development Agreement. Court Addresses Whether Non-Cooperating Occupants Can Be Compelled to Vacate Pending Suit Where Majority Have Already Vacated.

This matter arises from an interim application filed by the plaintiff, Ambit Life Style Homes LLP, in a suit for enforcement of a registered developme...

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High Court of Judicature at Bombay Allows Second Appeal Challenging Partition Decree – Defendant No. 2 Contests Allocation of 1/4th Share in Suit Property

The second appeal arises from a suit for partition and separate possession filed by the respondents (original plaintiffs) against the appellant (defen...

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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...