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Bombay High Court Dismisses Petition Seeking Dehiring of Flat by Defence Department — No Enforceable Right to Dehiring Policy Found. Writ of Mandamus Cannot Be Issued to Enforce a Policy That Does Not Confer a Legal Right on the Petitioner.

The petitioner, M/s. Chemox Exports Imports Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus...

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Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in MoU Dispute Over Flat Area — Petitioner's Obligation to Sell 1 Lac Sq. Ft. Upheld. Arbitrator's Plausible Interpretation of Contract Not Interfered With Under Section 34 of Arbitration and Conciliation Act, 1996.

The Bombay High Court dismissed an arbitration petition filed by The Bombay Dyeing And Manufacturing Co. Ltd. challenging an arbitral award passed by ...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Quashes MHADA Cancellation of Flat Allotment for Non-Payment Due to Non-Issuance of Demand Letter. Petitioner's Allotment Cannot Be Cancelled Without Issuance of Formal Demand Letter Under Regulation 18(1) of MHADA (Disposal of Land) Regulations, 1992.

The petitioner, Sandeep Uttam Bodke, applied for allotment of a flat under the Lower Income Group (LIG) category in response to an advertisement issue...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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Supreme Court Partly Allows GMADA's Appeal in Consumer Case; Sets Aside Additional Loan Interest Award. Refund of Flat Purchase Amount with 8% Compound Interest Upheld as per Letter of Intent, but Directing Developer to Pay Interest on Home Loan Not Justified.

The dispute arose from a residential scheme launched by Greater Mohali Area Development Authority (GMADA) for 'Purab Premium Apartments' in Sector 88,...

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Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...