Court : Mumbai
..... assist the case of the defendant no.1 for the reasons recorded aforesaid. 119. this court in case of marwadi shares and finance limited (supra) has after considering the effect of section 6 of the general clauses act, 1897 has held that the rights and remedy accrued to a party would continue and cannot be divested by an amendment unless it ..... plans and brochure produced on record, it could not be said that there was a complete and true disclosure of the entire project and sufficient compliance of section 7 of mofa act by the defendant no.1 while entering into agreement with the plaintiff and defendant nos.3 to 5. it is also observed that whatever fsi was granted ..... for execution of conveyance for phase one only. 50. it is submitted by learned senior counsel that the period of execution of the deed of conveyance under section 11 of the mofa act would apply only if there was no provision in the agreement for execution of the such deed of conveyance. he submits that in this case the agreement .....
Tag this Judgment!Court : Mumbai
..... other amendment to the said agreement as canvassed by the learned counsel for the petitioner. she submits that the parties had agreed for change of venue under section 20 of the said act and not the change of seat or place of arbitration. she submits that even if the venue of the arbitration was shifted from pune to mumbai, ..... dispose of the present petition. learned counsel for the petitioner placed reliance on the judgment of the division bench in case of vachaspati sharma vs. india cements capital and finance ltd., 2013(6) mh.l.j. 342 and in particular paragraphs 9 and 10 and would submit that the courts having jurisdiction over the place where the arbitration ..... of courts. the division bench thereafter, interpreted clause 34 of the agreement in that matter and held that the said clause did not apply to the arbitration petition under section 34 for setting aside the arbitral award. in my view, the judgment of the division bench of this court in the case of vachaspati sharma (supra) would .....
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..... various directives to the cooperative societies in public interest and in the interest of the society. the directives dated 3 january 2009 have been issued under section 79a of the act of 1960. 20. it is important to notice the reason why the directives dated 3 january 2009 were issued. the introduction to the directives makes ..... and the ornet housing cannot be asked to compete the keystone realtors who is disqualified. the directives dated 3 january 2009 have been issued under section 79a of the maharashtra co-operative societies act. section 79a reads as under: 'government's power to give directions in the public interest, etc.- (1) if the state government, on receipt ..... in violation of condition no.27 of the tender and, therefore, keystone realtors was disqualified. the tender, and the directives issued have their source in section 78a of the act and thus have a statutory colour. ornet housing cannot be made to compete with a disqualified bidder. such action is not fair and is contrary to .....
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..... the suit premises and resistance to the installation of the blower and the chimney were directed in that regard. however, the application under consideration nowhere made any reference to any act on the part of the respondent no.1 to seek his ouster nor is it borne out from the records of the file. the application was supported by a letter .....
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..... petitioner cannot now turn around to challenge the same. it was denied that the provisions of goa, daman and diu buildings (lease, rent and eviction) control act, 1968 (the rent control act, for short), are applicable to the suit premises. it was contended that no reasons have been shown for raising such ground belatedly and which would cause irreparable ..... the learned counsel in this regard has placed reliance on the decision of this court in the case of vastu invest and holdings pvt. ltd. vs. gujarat lease financing ltd., 2001(2) all mr 322. it is next submitted that none of the grounds sought to be raised now, were raised before the learned arbitrator. it is ..... in the application. the learned counsel pointed out that the respondent had not taken any objection to the jurisdiction of the learned arbitrator in terms of section 16 of the arbitration act and thus, the said grounds cannot be allowed to be raised at this stage. it is submitted that the learned principal district judge failed to .....
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..... and by the intervenors on 8 march 2016. relevant provisions:- 29. the basic provisions are:- the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act):- section 2. definitions:-..... "(f) "borrower" means any person who has been granted financial assistance by any bank or financial institution or who has given any guarantee ..... the time specified therein, the authorised officer shall proceed to realise the amount by adopting any one or more of the measures specified in sub-section (4) of section 13 of the [act] for taking possession of movable property, namely:- (1) where the possession of the secured assets to be taken by the secured creditor are ..... vs. central bank of india and ors., i (2011) bc 125 3) hotel sharda paradise and ors. vs. the secretary to the govt. of india, department of finance and ors., iv (2015) bc 307 (kar) vii possession taken on 18 june 2013 by ifci is bad in law. 1) swastik agency vs. state bank of india .....
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..... on those documents. clearly such exercise would be extremely expensive and impractical for the banks and financial institutions. 13. respondent no.1 amended the stamp act, by inserting section 10d which imposes obligation on all banks and financial institution through whose system or who are related to the functioning of the system in order to ..... vagueness, uncertainty, arbitrariness and unreasonableness of the stamp act amendment, which warrants the stamp act amendment and the circular being declared ultra vires, void and invalid. (o) the stamp act defines the expression banker , whereas section 30a refers to a bank or a non-banking finance company or a housing finance company or other financial institutions. the definition of the ..... discussed. to bring out the principle, it would be sufficient if we refer to two of them namely s.k. datta, i.t.o v. lawrence singh ingty, [1968] 2 s.c.r. 165 and elel hotel and investments ltd. v. union of india, [1991] 2 s.c.c. 166. in the former case, this .....
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..... hence, after issuance of statutory demand notice dated 4th april 2013, respondent no.1 filed complaint under section 138 r/w. 141 of negotiable instruments act against accused no.1 - m/s. swajay finance private limited and its three directors, including managing director vinod kumar chaturvedi (accused no.2) the ..... present petitioner and her husband-pramod dave. 6. on this complaint, after recording verification of the representative of respondent no.1, the trial court conducted requisite inquiry under section ..... the trial court by contending, inter alia, that the complaint filed before the trial court contains sufficient averments, as required under section 141 of negotiable instruments act. the contents of the complaint clearly show that the petitioner herein, along with the other directors, actively participated in negotiation and .....
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..... to the petitioners the application was within time. the learned district judge accepted the said explanation of the petitioners and proceeded to decide the objection under section 34 of the arbitration act, 1996 thereby setting aside the award passed by the arbitrator. considering the said averments, we find that the contention of mr. rao, learned counsel ..... a citizen is not required to go to the alternative remedy provided under section 17 of the act. in the case before us neither the writ petitioner nor her predecessor had ever secured the property in favour of the idbi home finance ltd. and as such, its act was on the face of it was without jurisdiction. 12. therefore, ..... , who was undisputedly the owner of the property. the idbi home finance ltd., as it appears from record, on the basis of an agreement with two persons, viz. goutam kumar bose and bharati rani bose, exercised its alleged right under section 13 of the act although by virtue of such agreement no such right accrued in its .....
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..... the present case, therefore we are maintaining the impugned judgment as the appellate authority and nse rules, are bound by arbitration and conciliation act, 1996 specially section 43 and the limitation act, including it's principles to consider the case of condonation of delay, if sufficient case is shown. the order of appellate authority did ..... exchanges for settlement of disputes between a client and a member is through arbitration proceedings in accordance with the provisions of the circulars issued under section 2(4) of the act of 1996. there are separate arbitration mechanism available at stock exchanges for arbitration of disputes (claims, complaints, differences etc.) arising between a ..... and therefore, was within limitation. the learned single judge was justified in coming to the conclusion that the claim was within limitation. 9. in marwadi shares and finance ltd. vs. miral kanaksinh thakore (2014 scc online bom 22= (2014) 1 bom cr 481)this court (coram:r. d. dhanuka, j.) after .....
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