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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Dismisses Developer's Challenge to Arbitral Award Rejecting Claim Over Stilt Parking Spaces. Court upholds arbitrator's interpretation that development agreement did not grant developer right to sell stilt car parking lots.

The petitioner, M/s. M. Mamotra Associates, a developer, entered into a Development Agreement dated 20 February 2006 with the respondent, Leela Raj 'A...

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Bombay High Court Dismisses Appeal of Plaintiffs in Tenancy Dispute — Plaintiffs Fail to Prove Tenancy Rights. Court holds that mere possession or payment of rent does not establish tenancy without proof of lawful transfer or succession under the Maharashtra Rent Control Act, 1999.

The case involves a dispute over a room (suit premises) allotted in lieu of an earlier tenanted room in a chawl at Mahim, Mumbai. The plaintiffs, Sulo...

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High Court Grants Interim Relief to Advertisement Agency in Arbitration Dispute Over Hoarding Construction Agreement. The court found a prima facie case and balance of convenience in favor of the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioner, Adtrack Media LLP, an advertisement agency, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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Bombay High Court Directs Municipal Corporation to Act Against Unauthorized Hoardings in Public Interest. Court Holds Corporation Must Enforce By-Laws to Ensure Safety and Remove Offending Structures.

The petitioners, residents of a housing society, filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai (MCGM) to ta...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...