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Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

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Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Central Excise Duty Demand and Penalty. Petitioner failed to show any jurisdictional error or perversity in concurrent findings of fact regarding duty demand and penalty under Central Excise Rules.

The petitioner, M/s. Mandovi Ispat Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at ...

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Bombay High Court Allows Rebate Claims for Exported Cables in Central Excise Case — Emphasizes Substantive Compliance Over Procedural Technicalities. Revisional Authority Must Consider Merits, Not Merely Endorse Lower Authorities' Findings Under Rule 18 of Central Excise Rules, 2002.

The petitioner, UM Cables Limited, is a manufacturer of Polyethylene Insulated Jelly filled Copper Cables and Optical Fiber Cables, falling under tari...

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement to Include Counterclaim in Specific Performance Suit. Amendment Allowed as Trial Not Commenced and No Prejudice Caused to Plaintiffs Under Order VI Rule 17 CPC.

The petitioners, original plaintiffs, filed Regular Civil Suit No.135 of 2007 seeking specific performance of an agreement dated 9.3.1998 and claimed ...

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Bombay High Court Dismisses Appeal by Cricket Association Against Injunction Restraining Expulsion of Member. Expulsion Decision Violated Natural Justice as No Opportunity of Hearing Was Given Before Imposing Five-Year Ban.

The case involves an appeal by the Mumbai Cricket Association (MCA) against an order dated 7 September 2013 passed by the City Civil Court, Greater Mu...

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Bombay High Court Allows De-exhibition of Documents in Civil Suit — No Opportunity Given to Prove Documents. Court holds that de-exhibition of documents is permissible under CPC and that plaintiff must be given opportunity to prove documents before they are excluded.

The petitioner, Sunil Tukaram Bharadkar, filed a civil suit (Civil Suit No.3600 of 2004) against the respondent, Santosh Gopichand Rane. On 19-7-2005,...

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Bombay High Court Allows Petitioner's Challenge Against Scrutiny Committee Order for Violation of Natural Justice in Caste Verification. Rule 12 of Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 Mandates Personal Hearing Before Adverse Decision.

The petitioner, Dnyaneshwari Kamalakar Bhagat, challenged an order dated 31st March 2005 passed by the Scheduled Tribe Certificate Scrutiny Committee,...