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Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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Bombay High Court Dismisses Defendant's Appeal in License vs. Tenancy Dispute — Written License Agreement Governs Relationship. Court Holds That Defendant Failed to Prove Oral Tenancy, and Civil Court Has Jurisdiction.

The case involves a dispute between the plaintiff, Mrs. Rosario Boventura Fernandes, and the defendant, Shri Indrakant Shankar Mambro, over a parcel o...

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Bombay High Court Allows Landlord's Petition, Upholds Ex Parte Eviction Decree Against Tenant for Subletting. Tenant's Delay in Seeking to Set Aside Decree Not Condoned as Reliance on Advocate's Assurance Without Follow-Up Does Not Constitute Sufficient Cause Under Article 123 of Limitation Act, 1963.

The petitioner, Smt. Taramati Bhagwandas Vithlani, is the owner of a chawl in Kurla, Mumbai. The first respondent was a tenant in Room No.238. The pet...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Bombay High Court Dismisses Petition Challenging Mundkar Registration Orders Under Goa Mundkars Act. Concurrent findings of fact that respondent was a mundkar in possession for over 35 years upheld.

The petitioner, Smt. Thereza Cordo, challenged the orders of the Mamlatdar of Bardez, the Additional Collector, and the Administrative Tribunal under ...

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Bombay High Court Dismisses Petition Challenging Eviction Order in Slum Rehabilitation Project — Petitioner's Right to Hearing Not Violated as Adjournment Sought on Ground of Illness Not Supported by Medical Certificate.

The petitioner, Madhukar Shankar Parsekar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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Bombay High Court Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Allegations of fraud in counter-claim do not render it non-arbitrable unless serious and complex, under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions filed by Rekha Agarwal and Sunil Agarwal challenging an order of a Sole Arbitrator under Section 16 of the...

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Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...