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Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Directs Deposit of Balance Bid Amount in Auction Sale of Company in Liquidation. Official Liquidator's Report for Confirmation of Sale of Properties of M/s. Akola Oil Industries Ltd. - Bidders Required to Deposit Balance Amount Within 15 Days.

The Official Liquidator appointed over M/s. Akola Oil Industries Ltd. (in liquidation) filed reports seeking confirmation of auction sales held on 9-1...

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Bombay High Court Quashes Cancellation of Sand Ghat Allotments in Re-auction Dispute — Violation of Natural Justice and Lack of Hearing. The court held that cancellation of allotment without notice and hearing is arbitrary and unsustainable under Article 226 of the Constitution of India.

The petitioners, five proprietors of firms, were allotted sand ghats through an auction process. However, the respondents issued a re-auction notice o...

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Bombay High Court Allows Writ Petition Challenging Blacklisting Order in Sand Ghat Auction — Review Without Hearing Violates Natural Justice. Divisional Commissioner's Order Quashed as Petitioner Was Not Afforded Opportunity of Hearing Before Adverse Decision.

The petitioner, Raju Leeladhar Sawwalakhe, a businessman involved in sand excavation for about 20 years, participated in an auction of sand ghats cond...

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Supreme Court Allows Appeals by Odisha Forest Development Corporation Ltd. in Tender Dispute — Refund of Deposit Ordered by High Court Set Aside. Forfeiture of Security Deposit Upheld as Per Contract Terms When Writ Petition Withdrawn Without Pressing Challenge.

The Supreme Court of India heard a batch of appeals arising from orders of the High Court of Orissa. The appellant, Odisha Forest Development Corporat...

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Bombay High Court Dismisses Patent Infringement Appeal — Refuses Temporary Injunction Due to Lack of Prima Facie Case. Mere Registration of Patent Does Not Establish Validity; Plaintiff Must Show Strong Prima Facie Case for Interim Injunction.

The case involves a Letters Patent Appeal and a cross-appeal arising from a suit for patent infringement. The appellant/plaintiff, a patent holder, fi...

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Bombay High Court Allows Petition of Labour Cooperative Society Challenging Abolition of Reservation for Sand Ghats. Statutory Reservation Under Mines and Minerals Act and Rules Cannot Be Overridden by Executive Government Resolution.

The petitioners, a Labour Cooperative Society and its President, filed a writ petition challenging Clause 39 of Government Resolution dated 12.3.2013 ...

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Bombay High Court Dismisses Petition Seeking Lease Extension for Tourist Resort Based on Legitimate Expectation. No Right to Renewal Exists Under Lease Agreement or Policy, and Doctrine of Legitimate Expectation Cannot Override Statutory Tender Process.

The petitioner, Sugati Beach Resort Pvt. Ltd., had entered into a lease agreement with the President of India through the Union Territory Administrati...