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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Allows Petitions Challenging Demolition Notices for Non-Conforming Structures in Bhiwandi — Held That Show-Cause Notice Must Precede Demolition Order Under Section 53 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, owners of structures in Bhiwandi, received demolition notices from the Commissioner of Bhiwandi Nizampur City Municipal Corporation u...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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Bombay High Court Dismisses Appeal by Housing Society in Plot Allotment Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960. Co-operative Court Has Jurisdiction Over Disputes Between Member and Society Touching Business of Society.

The appellant, Southern Nagpur Co-operative Housing Society Ltd., challenged the judgment of a learned Single Judge dismissing its writ petition again...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Dismisses Defamation Suit Against Azim Premji for Lack of Authority to File on Behalf of Company. Managing Director's Authority to Sue Required Board Resolution as per Articles of Association.

The suit was filed by Subhiksha Trading Services Ltd. (Plaintiff No.1) and its Managing Director R. Subramanian (Plaintiff No.2) against Azim Premji a...

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High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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Bombay High Court Upholds Interest on Delayed Gratuity Under Section 8 of Payment of Gratuity Act, 1972 — Employer's Dispute Over Quantum Does Not Justify Withholding Payment Beyond Prescribed Period.

The judgment concerns two writ petitions arising from an order dated 27/02/2017 passed by the Assistant Labour Commissioner (Central), Nagpur, acting ...