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Bombay High Court Dismisses Petition Challenging DRAT Order Setting Aside DRT's Reference to Arbitration in Bank Recovery Suit. Arbitration Clause Does Not Oust Jurisdiction of DRT Under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Harvestdeal Securities Ltd., challenged an order of the Debt Recovery Appellate Tribunal (DRAT) dated 19 February 2015, which set asid...

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High Court of Bombay Hears Writ Petitions Challenging Deletion of Names from Co-operative Society's Voter List. Petitioners Argue That Partnership Firm Default Does Not Disqualify Individual Members Under Section 27 of Maharashtra Co-operative Societies Act, 1960.

The case comprised two writ petitions filed by three individuals who were members of Yogeshwar Co-operative Credit Society Ltd., Dhule. They challenge...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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Bombay High Court Reviews Territorial Jurisdiction of Assistant Registrar in Co-operative Loan Recovery Proceedings Under Section 101 of MCS Act. Challenge Centres on Whether Loan Sanction at Head Office Confers Jurisdiction Despite Execution and Disbursement at Branch Office.

The High Court of Judicature at Bombay, Nagpur Bench, heard five writ petitions challenging a common order dated 5 August 2020 passed by the Assistant...

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Bombay High Court Dismisses Landlord's Revision in Rent Suit — No Willful Default or Bona Fide Need Established. Landlord failed to prove willful default in payment of rent and bona fide need for personal use under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicant, Surgonda Kalgonda Patil, was the original plaintiff who filed a suit for possession of suit premises and recovery of arrears of rent ag...

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Bombay High Court Allows Petition Challenging Disqualification of Gram Panchayat Member Under Section 14(1)(h) of Maharashtra Village Panchayat Act, 1959. Failure to Prove Demand and Default Within Three Months Renders Disqualification Invalid.

The petitioner, Vishwanath s/o Kisan Dhage, was elected as a member of Gram Panchayat, Wara Jahangir, in 2015. Respondent No.4, Suresh Ashruji Gawande...