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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Supreme Court Hears Appeals Against High Court's Order Regarding Development Licenses and Building Plans. Dispute Centers on Compliance with Town Planning Norms and Apartment Ownership Act.

The present batch of civil appeals, with the lead matter arising out of SLP(C) No. 11480 of 2020, originated from the judgment and order dated 10 July...

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

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Bombay High Court Examines Cut-off Date for Workmen Dues in Winding Up of Swadeshi Mills. Official Liquidator's Calculation Up to Appointment of Provisional Liquidator Challenged by Workmen Seeking Dues Up to Winding Up Order.

The matter concerns a company application filed by five workmen of M/s Swadeshi Mills Co. Ltd., which was wound up. The company had approximately 2970...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Bombay High Court Considers Petitions Against Royalty Demands for Excavation During Building Construction Under Section 48 of Maharashtra Land Revenue Code. Petitioners Argue Excavation Incidental to Permitted Construction Does Not Constitute Mining.

The Bombay High Court heard four writ petitions challenging the demand of royalty and penalty by revenue authorities for excavation carried out during...

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Bombay High Court Allows Appeals of Truck Owner in Motor Accident Claims, Holds Insurer Liable for Six Coolies Covered Under Policy Despite Breach. Carrying More Coolies Than Insured Number Not a Fundamental Breach of Insurance Contract, Insurer Must Indemnify for Covered Persons.

These six first appeals arose from a common motor accident claim judgment of the Motor Accident Claims Tribunal, Chandrapur. The appellant, owner of a...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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High Court of Bombay Orders De Novo Consideration of Provisional Attachment Revocation in GST Misclassification Dispute; Commissioner's Order Suffers from Lack of Application of Mind and Breach of Natural Justice.

Background: The petitioner, a private limited company registered under the Companies Act, 1956 and a registered MSME unit engaged in production of che...