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Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

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Bombay High Court at Goa Dismisses Petition for Injunction Against Auction of Barge in Admiralty Suit — Petitioners Failed to Establish Prima Facie Case for Ownership or Possession. The court held that the balance of convenience favored the respondents and no irreparable loss was shown.

The case involves a writ petition filed by Mrs. Mona Kapadia and Capt. Kenneth Khan against M/s Gammon India Limited and others, seeking to restrain t...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order for Compassionate Appointment. Rejection of elder brother's application for producing bogus certificate does not bar younger son's independent claim for compassionate appointment under Railway Establishment Code.

The case involves a challenge by the Union of India (Railway) against an order of the Central Administrative Tribunal (CAT) directing consideration of...

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Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

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Bombay High Court Dismisses State's Appeal in Arbitration Case. Court upholds arbitral award allowing contractor's claims for hidden expenses and interest, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra, through the Irrigation Department, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challengi...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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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...