Court : Mumbai
..... 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 ..... the then purchasers in all these four wings were already handed over possession of their respective flats upon the municipal corporation granting occupation certificate on 20th march 2007 and upon granting completion certificate on 29th march 2008. 77. there is no dispute that the defendant no.1 had applied for iod under regulation 33 ..... ' and wing 'e' respectively. 8. on 27th may, 2004, the defendant no.1 obtained commencement certificate from the municipal corporation of greater mumbai. on 22nd june, 2007, the defendant no.1 obtained completion certificate for wing 'a' which was subsequently registered as snow flama co-operative housing society limited and wing 'b' which was registered .....
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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..... tender process 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 of a report ..... best for its members. mr.dwarkadas relied upon the decisions relied upon in the case of b.s.n. joshi and sons v/s nair coal services (a.i.r. 2007 sc 437), reported in and rajasthan state road transport corporation and anr. v/s bal mukund bairwa (2) (2009) 4 scc 299). these cases arise from decisions of statutory ..... bench in the case of mont blanc co-operative housing society ltd. and anr. v/s state of maharashtra and ors., (2007(4) mh.l.j. 595)to contend that the bye laws framed under 79a of the act are binding on a society. he also relied upon the decision of the division bench in case of vinod subhashrao shinde and .....
Tag this Judgment!Court : Mumbai Goa
..... . n. rai and ors. [2008 (2) scc 507] and the judgment of this court in the case of m/s. chheda housing development corporation vs. bibijan shaikh farid and ors. [2007(3) all mr 780] while concluding his arguments and submitted that the impugned order did not justify any interference and the appeal was liable for dismissal. shri usgaonkar, the learned ..... 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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..... 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 ..... 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 ..... alongwith interest etc. 6. feeling aggrieved by the aforesaid award, the respondent, challenged the same in arbitration appeal no. 21/2012 under section 34 of the arbitration and conciliation act, 1996 (the arbitration act, for short), which is pending before the learned principal district judge, panaji. it is in that appeal that an application for amendment was .....
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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 or ..... ors. 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, ..... ltd. vs. bank of india, air 2013 jhar 12 10) mrs. sunanda kumari vs. standard chartered bank, (2007) 135 comp cases 604 (kar) iii the letter dated 27 may 2013 is a representaion within the meaning of section 13(3a) of the sarfaesi act. 1) jaibharat synthetics ltd. vs. state bank of india, (2010) vol. 112 (5) bom.l.r .....
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..... demonstrative of the 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 expression banker is ..... applicable. in this case, the penalty is a civil liability. it would be imposed for some deliberate and intentional act. the word 'failure' itself has been construed and interpreted judicially as explained in law lexicon by p. ramanatha aiyar, 3rd edn. reprint 2007 (book 2). the meaning of this term as judicially understood is set out thus : failure means 'a falling short .....
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..... 6th march 2013. 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 ..... ., (2009) 10 scc 48; national small industries corporation limited vs. harmeet singh paintal and anr., (2010) 3 scc 330; n. rangachari vs. bharat sanchar nigam ltd., (2007) 5 scc 108, and so many of its earlier decisions and was pleased to summarize its conclusions as follows :- 33. we may summarize our conclusions as follows : (a) once ..... of the petitioner was accepted on the date as alleged by her. 30. the other two authorities of amit mohan inder mohan sharma vs. mamta agency and ors., 2007 (3) mh.l.j. 198, and pooja ravinder devidasani vs. state of maharashtra, manu/sc/1177/2014, are also relating to the facts of those particular .....
Tag this Judgment!Court : Mumbai Goa
..... dated 03.06.2011 is without jurisdiction and is a nullity, inasmuch as the learned district judge had no jurisdiction to entertain any application under section 34 of the arbitration act, 1996 beyond 25.09.2007 even if it was accompanied by an application for condonation of delay. it is further their case that the proceedings under the co-operative societies ..... at paras 10, 11, 12 and 13 thus: 10. in view of the aforesaid fact, we find that there was no valid mortgage in favour of the idbi home finance ltd. in respect of the flat in question either at the instance of the writ petitioner or his predecessor, who was undisputedly the owner of the property. the idbi ..... 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, this is not .....
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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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