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Bombay High Court Allows Appeal in Loan Recovery Case — Decree Satisfaction Set Aside Due to Lack of Consent. Court holds that a decree cannot be marked satisfied without the consent of the decree-holder or a valid compromise recorded under Order 23 Rule 3 CPC.

The Industrial Credit & Investment Corporation of India Ltd. (ICICI) filed a suit against Radha Silk Mills Ltd. for recovery of a foreign currency loa...

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Bombay High Court Dismisses Decree Holders' Execution Petitions in Rent Control Case — Payment of Balance Amount After Decree Renders Execution Infructuous. Conditional Decree for Possession Cannot Be Executed Once Arrears Are Paid Under Section 47 CPC.

The petitioners, decree holders, filed two writ petitions challenging a common order dated 28.4.2005 passed by the Executing Court in Special Executio...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Supreme Court Upholds High Court's Ruling, Declares Compromise Decree for Eviction Nullity Under Rent Control Law. Eviction Decree Based on Compromise Violates Section 13(1) of Delhi and Ajmer Rent Control Act, 1952, as Court Did Not Record Satisfaction of Statutory Grounds.

This appeal by certificate arose from a suit for eviction filed by the predecessor-in-interest of the appellants against the respondent tenant under t...

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

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Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

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High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...