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Bombay High Court Upholds Interim Stay on Membership Cancellation in Gymkhana Dispute — Principles of Natural Justice Violated. Court holds that cancellation of membership without proper notice and opportunity of hearing is unsustainable, and interim relief granted by trial court is justified.

The appellant, Matunga Gymkhana, challenged an order dated 16/01/2019 passed by the City Civil Court, Bombay, in Notice of Motion No.4465/2018 in Suit...

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Bombay High Court Dismisses Appeal by Guarantor in Cooperative Bank Arbitration Dispute. Signing of Loan Form 'k' Confers Jurisdiction on Arbitral Tribunal Under Section 84 of Multi-State Cooperative Societies Act, 2002.

The appellant, Prakash Vrundavan Thakkar, challenged the judgment and order dated 8th November 2012 passed by the learned Principal District Judge at ...

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Bombay High Court Allows Petition to Declare Resignation Effective from Date of Tender in Standing Committee Membership Dispute. Resignation from Standing Committee takes effect from date of tender when accepted unconditionally, not from date of acceptance.

The petitioner, Deepak Umakant Mathpati, Chairman of the Standing Committee of Latur Municipal Corporation (LMC), filed a writ petition seeking a decl...

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Bombay High Court Allows Petition to Disqualify Panchayat Member for Conflict of Interest Under Goa Panchayat Raj Act, 1994 — Respondent Used Official Position to Obtain NOC for Spouse's Business, Violating Section 10(1)(h).

The petitioner, a resident and voter of Verla Canca village, filed a writ petition under Article 226 of the Constitution seeking a declaration that re...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Allows Petition of Co-operative Housing Society Against Deputy Registrar's Order Directing Refund of Non-Occupancy Charges. Lease Deed Restrictions and By-laws Upheld; Registrar's Powers Under Section 79(2)(b) Cannot Override Society's By-laws.

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged orders dated 18 October 2021 and 22 March 2022 passed by the Deputy R...