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Bombay High Court: “Once Triable Issue Exists, Conditional Leave to Defend Cannot Be Imposed” — Court Quashes Order Directing 50% Deposit in Summary Suit Between Homebuyers and HDFC
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Bombay High Court: “Once Triable Issue Exists, Conditional Leave to Defend Cannot Be Imposed” — Court Quashes Order Directing 50% Deposit in Summary Suit Between Homebuyers and HDFC

Court’s Decision The Bombay High Court (Justice Prafulla S. Khubalkar) held that once a court records a finding that the defendant has raised a bona fide and triable issue, it…
Posted by Rawlaw October 30, 2025
UNFAIR DENIAL
Posted inNews

Supreme Court: “To deny bona fide homebuyers possession despite verified claim is unfair and contrary to IBC” – NCLAT and NCLT orders set aside, possession directed

Court’s Decision The Supreme Court allowed the appeal of homebuyers challenging the orders of the NCLT and NCLAT, which had relegated them to only 50% refund under a resolution plan.…
Posted by Rawlaw September 10, 2025

Recent News

  • Bombay High Court holds admitted documents dispense with proof — “Port Trust liable to refund illegal auction proceeds, ownership established by admissions”
  • Bombay High Court refuses to quash deemed conveyance despite fraud and title objections — “MOFA authority’s role is summary, civil court alone can decide ownership”
  • Bombay High Court upholds SIDBI pension cut-off date — “Denial of retrospective pension not arbitrary, policy choice backed by Supreme Court precedent”
  • Bombay High Court orders grant of deemed conveyance under MOFA — “Promoter’s delay defeated, statutory agreements prevail over disputed consents”
  • Delhi High Court denies residence order under Domestic Violence Act — “Voluntary relocation defeats claim to re-enter past shared household”
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