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Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

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Bombay High Court Terminates Arbitrator's Mandate for Failure to Pass Award Within Statutory Time Limit Under Section 29A of Arbitration Act. Court Appoints Substitute Arbitrator After Original Arbitrator Failed to Conclude Proceedings Despite Multiple Extensions.

The petitioner, M/s. Madhav Structural Engineers Limited, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 seeking term...

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Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

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Bombay High Court Allows Tenant's Petition in Eviction Suit — Landlord Failed to Prove Bona Fide Need for Residential Premises Under Section 16 of Maharashtra Rent Control Act, 1999. Tenant's Use of Rear Rooms for Storage and Occasional Stay Did Not Constitute Subletting or Change of User.

The petitioner, a tenant, challenged the judgment and order dated 11th August 1999 passed by the Additional District Judge, Thane, which partly decree...

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Bombay High Court Dismisses Developer's Appeal Against Proposed Cooperative Society in Suit for Declaration and Injunction — Flat Purchasers' Rights Protected Under Maharashtra Ownership Flats Act, 1963.

The appellant, M/s. Atishay Realtors Pvt. Ltd., a developer, filed an appeal against an order of the City Civil Court, Mumbai, which granted ad-interi...