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Bombay High Court Dismisses Second Appeals in Property Dispute Over Gadhi and Pit — Construction of Document Exh.76 as Sale Deed Upheld. Both suits for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession.

The case involves two second appeals arising from two regular civil suits concerning a common property, a gadhi (ancestral property) and a pit, locate...

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High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Over Gift Deed and Partition. Family Settlement of 1953 Held Valid Despite Non-Registration, and Gift by Widow to Grandson Upheld as Binding on Heirs.

The dispute pertains to properties originally owned by Balaji, who died intestate in 1932. His widow Laxmibai and three sons Harihar, Keshao, and Krus...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...