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Bombay High Court Quashes Show Cause Notice in Customs Case Due to 24-Year Delay in Adjudication. Inordinate delay in adjudication of show cause notice under Section 28 of Customs Act, 1962 renders it stale and liable to be quashed as abuse of process.

The petitioners, Rachana Garments Pvt. Ltd. and its director Dinesh Kumar Bhartiya, challenged a show cause notice dated 27 June 1997 issued by the Co...

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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Bombay High Court Dismisses Petitions Challenging School Tribunal Orders in Seniority and Appointment Dispute. Court Holds That Appointment of Head Mistress Was Valid and Seniority Must Be Determined by Education Inspector.

The judgment involves two writ petitions. Writ Petition No. 683 of 2002 was filed by Mrs. Pushpa Surendra Dhaktode challenging the School Tribunal's o...

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Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...

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Bombay High Court Dismisses Landlord's Restoration Applications in Eviction Disputes Due to Failure to Show Sufficient Cause for Non-Appearance. Order IX Rule 9 CPC Requires Satisfactory Explanation for Absence, Which Was Not Provided.

The judgment pertains to a group of civil applications filed by Lekhraj M. Solanki and Jasoda Lekhraj Solanki, the original plaintiffs, seeking restor...