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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement....

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement to sell the suit property. The plaintiff (now rep...

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INTERIM APPLICATION NO.1767 OF 2020...

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Bombay High Court Dismisses Appeal in Property Ownership Dispute — Fails to Prove Sole Ownership and Adverse Possession. Court upholds trial court's finding that appellant failed to establish exclusive title and that suit was barred by limitation under Article 65 of Limitation Act, 1963....

The case involves a property dispute between the appellant, Namdeo Gangaram Mandalkar (since deceased, represented by his heirs), and the respondent, Manjula Pandurang Maladkar. The appellant filed S....

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High Court of Bombay Allows Bank of India's Petition for Appointment of Arbitrator in Loan Dispute. Dispute Referred to Arbitration Despite Respondent's Claim of Non-Signatory Status, with Jurisdictional Issue Left to Arbitrator....

The judgment arises from a petition filed by Bank of India under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising out of a loa...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation....

The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award dated 22/12/2016 passed in favour of the res...

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Bombay High Court Considers Section 11 Application for Appointment of Arbitrator Under Escrow Agreement; Dosti Group Opposes Citing Abandonment of Arbitration. Dispute Arises from Non-Payment of Purchase Consideration Under Share Purchase Agreement, with Kotharis Alleging Concealment of Tenant Consents and Claiming Release of Escrowed Sun Pharma Shares....

This matter involved a commercial arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by the Kotharis seeking appointment of an arbitral tribunal to adjudicate d...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Purchase Agreement Dispute. Court upholds award of damages for breach of contract, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, Sonoma Management Partners Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated June 6, 2024. The dispute aro...

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Bombay High Court Allows Appointment of Arbitrator in Development Agreement Dispute — Arbitration Clause Survives Termination. Court held that under Section 11(6) of Arbitration and Conciliation Act, 1996, the arbitration clause is independent and survives termination of the underlying contract, and appointed a sole arbitrator when respondents failed to appoint one....

The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve disputes arising from a Developme...