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Bombay High Court Dismisses Writ Petition Challenging Impleadment in Execution Proceedings. Executing Court's Order Allowing Impleadment of Legal Heirs Upheld Under Order 1 Rule 10 CPC Despite Prior Deletion Based on Release Deed....

The petitioner, Bhausaheb Dattatray Patil, was the original owner of the suit property. He filed Regular Civil Suit No.95 of 1985 for possession against the original defendant, who claimed tenancy. Th...

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High Court Allows Petition for Pensionary Benefits Based on Previous Service. The petitioner is entitled to pensionary benefits for service rendered in Himachal Pradesh while employed in Punjab as per the circular dated 20.03.1986....

The case involved a petition filed by a former College Lecturer seeking pensionary benefits for his service in Himachal Pradesh while later employed by the Punjab Government. The petitioner was appoin...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — No Patent Illegality Found. The court upheld the award granting balance machinery price and interest, rejecting claims of breach for non-procurement of insurance under the Arbitration and Conciliation Act, 1996....

The petitioner, M/s. Neptune Marine Pvt. Ltd., challenged an arbitral award dated 18 August 2008 and a modified award dated 30 January 2012 under Section 34 of the Arbitration and Conciliation Act, 19...

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Bombay High Court Quashes Arbitral Award in Railway Dispute Due to Lack of Reasons and Violation of Natural Justice. Arbitral Tribunal Improperly Relied on Undisclosed CVC Report and Failed to Justify Rejection of Contractor's Claims Under Contractual Note....

The dispute arose from a contract dated 21 March 1986 between East India Construction Company and Union of India through the Chief Engineer (Construction), Central Railway, for earth work in formation...

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Bombay High Court Dismisses Section 9 Arbitration Petition Seeking Interim Relief for Alleged Breach of Settlement Agreement — No Prima Facie Case for Injunction or Deposit of Funds Established. Court Held That Settlement Deed Did Not Create Obligation to Pay Rs.8.49 Crores and Balance of Convenience Was Against Granting Interim Measures....

The petitioner, Ratnam Sudesh Iyer, a Singaporean citizen and shareholder of Atlas Equifin Pvt. Ltd., filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeki...

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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 tariff heading 85.44 of the Central Excise Tariff. It ...

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Bombay High Court Grants Leave Under Clause XIV of Letters Patent to Join Infringement and Passing Off Claims in Single Suit. The court allowed joinder of passing off claim arising outside jurisdiction with infringement claim within jurisdiction to avoid multiplicity of suits....

The plaintiffs, registered proprietors of the trademark 'Cafe Madras', filed a suit for infringement and passing off against the defendants who opened restaurants under the same name in Nashik and Jal...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Flat Not Attachable as Judgment Debtor's Property. Court holds that attachment of immovable property in execution requires strict compliance with Order 21 CPC and that third party objections must be decided summarily in execution, not by separate suit....

The applicant, Dr. Mahalaxmi Srinivasan, is the wife of defendant/judgment debtor no.3. The plaintiff, T.C.I. Finance Limited, had granted a loan/finance to the defendants in 1994. Due to defaults, a ...

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Bombay High Court Allows Chamber Summons to Lift Attachment of Third-Party Property in Execution of Arbitration Award. Mere Residential Address Not Sufficient to Attach Immovable Property Not Owned by Judgment Debtor Under Section 60 CPC....

The plaintiff, TCI Financial Limited, obtained an arbitration award in 2001 and filed Execution Application No. 299 of 2008 in 2008 to enforce the award against the defendants, including defendant no....