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Bombay High Court Allows Judgment Debtor's Petition Quashing Consumer Forum Proceedings Under Section 27 of Consumer Protection Act, 1986. Lack of Notice of Readiness and Willingness by Decree-Holder Renders Penalty Proceedings Unmaintainable.

The petitioner, M/s. Aditya Developers, a partnership firm, was the judgment debtor in a decree passed by the Consumer Forum on 17/01/2007. The decree...

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement and Full Backwages for Dismissed Seasonal Worker. Disciplinary Enquiry Vitiated as Charges Not Proved; Full Backwages Awarded as Employee Was Willing to Work Under MRTU & PULP Act, 1971.

The Petitioner, Shree Vighnahar Sahakari Sakhar Karkhana Ltd., a sugar factory registered under the Maharashtra Co-operative Societies Act, 1960, empl...

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Bombay High Court Adjudicates Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Awards Passed in Hire Purchase Dispute. The Court Examines Objections Relating to Stamp Duty, Admissibility of Documents, and Jurisdiction of the Arbitrator.

The dispute stemmed from a Hire Purchase Agreement dated 24 April 1995 between the petitioners and the respondent for eight Honda Accord cars, accompa...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...