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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Determines Liability for Removal of Sunken Barge Wreck Under Section 14 of Indian Ports Act, 1908. Supreme Court Had Earlier Remanded the Matter for Deciding Pure Question of Law Regarding Whom Liability Falls Upon for Clearing the Wreckage.

The case involved a writ petition filed by JSW Steel Limited (formerly ISPAT Industries Limited) challenging the suspension of its permission to use M...

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Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Cooperative Bank Loan Recovery Case. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996 and Section 84 of Multi-State Cooperative Societies Act, 2002, finding no grounds for interference.

The petitioners, Vedansh Hospitality and Resorts Limited and two individuals, were original respondents in an arbitration proceeding initiated by New ...

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Bombay High Court Allows Builder's Appeals Against Interim Injunction in Specific Performance Suits — Agreements to Sell Not Concluded as Essential Terms Remained Unsettled. The court held that without a concluded contract, no prima facie case exists for interim injunction under Specific Relief Act, 1963.

The appellant, M/s Rupji Constructions, a partnership firm engaged in construction business, entered into several agreements to sell with various flat...