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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Allows Demolition and Reconstruction of Cinema Structure Subject to Height Restrictions Under Aircraft Act and Navy Act. Prior Permission from Ministry of Defence Required for Reconstruction to Ensure Compliance with Height Restrictions Near Naval Air Station.

The Petitioner, Sameer Baijanath Joshi, is the owner of land admeasuring 3,627.90 sq. metres bearing Plot No.9-A, CTS No. 37 and 38A at Village Juhu, ...

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Bombay High Court Dismisses Developer's Challenge to SRA Order in Slum Rehabilitation Scheme. CEO's Direction to Process Letter of Intent Upheld as 70% Consent of Eligible Members Was Validly Obtained Under DCR 33(10).

The case involves a slum rehabilitation scheme under DCR 33(10) of the Development Control Regulations for Greater Mumbai. The petitioners, Lokhandwal...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found.

The petitioner, Garuda Aviation Services Pvt. Ltd., was granted a license by the Airport Authority of India (AAI) to operate a car parking facility at...

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Bombay High Court Upholds Reinstatement of HIV-Positive Driver in MSRTC — Discrimination Based on HIV Status Violates Right to Equality and Right to Life. Termination of Driver Solely on Ground of HIV Positivity Set Aside as Unconstitutional and Contrary to National AIDS Policy.

The petitioner, a driver employed by the Maharashtra State Road Transport Corporation (MSRTC), was terminated from service after being tested positive...

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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...