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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine.

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The sui...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Rejection for Non-Compliance with Essential Condition. Condition requiring separate envelopes for technical and financial bids is mandatory and non-compliance justifies rejection.

The petitioner, M/s. Aditya Construction Company (JV), challenged the rejection of its bid by respondent authorities in response to a tender notice fo...

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Bombay High Court Dismisses Teacher's Petition for Reinstatement as Headmistress Due to Lack of Prior Approval from Education Authorities. Appointment Without Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is Void Ab Initio.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in respondent no.2 school on 12th June 1989. In July 1994, a vaca...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 — Upholds Arbitral Award Holding Stockbroker Liable for Unauthorized Trades by Agent. Broker Failed to Prove Client Authorization for Disputed Trades, Resulting in Compensation of Rs.14,37,200/- to Client.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by IIFL Capital Services Limited (formerly IIFL Secu...

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High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit.

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the res...

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High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Securitisation Application Matter. Maintainability of Appeal Under Section 18 of SARFAESI Act Against Interim Orders of Debts Recovery Tribunal Upheld.

The petitioner, Trishul Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

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Madras High Court Dismisses Writ Petition as Withdrawn in Loan Cancellation Dispute — Petitioner Sought Cancellation of Loan Account and Return of Title Deeds. No adjudication on merits; petition withdrawn before hearing.

The petitioner, V. Saraswathi, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court,...

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Bombay High Court Allows Petitions Challenging Compensation Determination for Land and Structures Used for Road Construction. MCGM directed to acquire land under Section 296 of MMC Act and pay compensation in accordance with law.

The petitioners in two writ petitions challenged the determination of compensation by the Municipal Corporation of Greater Mumbai (MCGM) for their lan...