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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Dispute — Petitioner's Rights as Agreement Holder Ignored. Unilateral Conveyance Granted Without Notice to Petitioner Violates Principles of Natural Justice Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, Gayatri Construction, a partnership firm, challenged an order dated 15 November 2022 and corrigendum dated 20 December 2022 passed by ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness.

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a pl...

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High Court of Bombay at Goa Allows Writ Petition Against Trial Court Order Admitting Insufficiently Stamped Document in Evidence — Document Styled as Receipt but Claimed to be Agreement for Sale Cannot Be Admitted Without Payment of Proper Stamp Duty Under Indian Stamp Act, 1899.

The petitioners, defendants in a suit for specific performance of contract, challenged an order of the trial court that rejected their objection to th...

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Bombay High Court Allows Petitions Challenging Rejection of Refund Applications Under Maharashtra Stamp Act. Refund of Stamp Duty on Deemed Cancellation of Agreements for Sale Allowed Where Agreements Were Not Registered and No Instrument of Cancellation Was Executed.

The Petitioners, Qwik Supply Chain Pvt Ltd and another, filed two Writ Petitions challenging the orders dated 07.03.2015 and 08.02.2018 passed by the ...

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High Court of Judicature at Bombay Allows Section 11 Arbitration Petition for Appointment of Arbitrator in Dispute Over Agreement for Sale. Arbitration Agreement in Article 13.2 of Agreement for Sale Dated November 16, 2019, Confers Jurisdiction on the Court

The petition was filed by Abhay Damodar Kanhere against Morya Infraconstruct Pvt. Ltd. under Section 11 of the Arbitration and Conciliation Act, 1996,...

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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...