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Search Results for "cooperative society dispute"

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High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate and Costs. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum and costs without agreement, but upheld the principal liability under the guarantee.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Grants Injunction Against YouTuber for Disparaging Marico's Products in Video Review. Court holds that false and malicious statements in product reviews can constitute disparagement, and interim injunction can be granted even if defendant is not a competitor.

15 Jan 2020

The plaintiff, Marico Limited, a company manufacturing and selling various consumer products including hair oils and foods, filed a suit against the d...

High Court

Bombay High Court Allows Writ Petition of Co-operative Bank and Recovery Officer Challenging Revisional Order Setting Aside Auction Sale. The Court held that non-compliance with Rule 107(4) notice under Maharashtra Co-operative Societies Rules, 1961 is not fatal to the auction sale if the sale is otherwise valid and the borrower had knowledge of the proceedings.

13 Oct 2011

The petitioners, the Manager and Special Recovery Officer of Adarsh Mahila Nagri Sahakari Bank Ltd., filed a writ petition under Articles 226 and 227 ...

High Court

Bombay High Court Directs Early Meeting for No-Confidence Motion in Sanquelim Municipal Council: Upholds Democratic Principle of Expeditious Floor Test. Requisition by Six Councillors to Oust Chairperson Leads to Court Intervention under Goa Municipalities Act, 1968, Fixing Meeting on 24.04.2021 to Prevent Horsetrading and Preserve Democratic Values.

9 Apr 2021

The dispute arose from a requisition by six out of thirteen councillors of the Sanquelim Municipal Council seeking a no-confidence motion against the ...

High Court

Bombay High Court pronounces judgment on Letters Patent appeals in oppression and mismanagement case under Companies Act, 1956 — dispute over diversion of Contship agency business. The Court examined whether directors' diversion of business opportunity amounted to oppression and breach of fiduciary duty under Sections 397, 398 of the Companies Act, 1956 and Section 88 of the Indian Trusts Act, 1882.

31 Mar 2006

The appeals arose from a dispute between the Puri Group and the Sippy Group, both holding equal shares and equal directorships in two private Indian s...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

High Court

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible.

21 Jan 2022

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an a...

High Court

Bombay High Court Dismisses Writ Petition Challenging CIDCO's Refusal to Grant Lease in Favour of Air India Employees' Cooperative Housing Society. Transfer of Land Allotted to Air India for Staff Quarters Requires Prior Permission of CIDCO Under New Bombay Disposal of Lands Regulations 1975.

24 Jul 2012

The petitioners, a cooperative housing society formed by employees of Air India, sought a writ of mandamus directing CIDCO to grant a lease in their f...

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