Search Results for "execution petition maintainability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "execution petition maintainability"

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High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

8 Jul 2025

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

High Court

Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

14 Dec 2024

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

High Court

Bombay High Court Dismisses Letters Patent Appeal in Land Dispute Case — Appeal Dismissed as Abated Due to Death of Appellants and Failure to Bring Legal Representatives on Record Within Limitation. The court held that the application for substitution was filed beyond the prescribed period and no sufficient cause was shown for condonation of delay.

15 Sep 2021

The present Letters Patent Appeal was filed against the order of the Single Judge dismissing Writ Petition No.3710/2005 for lack of prosecution. The a...

High Court

Bombay High Court Quashes Search and Seizure Conducted by Karnataka Police in Maharashtra Without Jurisdiction — Warrant Issued by Magistrate Outside Territorial Limits Invalid Under CrPC. The court held that a Magistrate cannot issue a search warrant for execution outside his territorial jurisdiction without following Sections 78 or 79 of the Code of Criminal Procedure, 1973, and the seizure based on such invalid warrant is illegal.

7 May 2021

The petitioners, traders in Nagpur, Maharashtra, challenged the seizure of rice bags from their godowns by the Karnataka Police (respondent No.1) acti...

High Court

High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder.

22 Oct 2019

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed b...

High Court

High Court of Karnataka Allows Decree Holder to Execute Two Separate Decrees in Single Execution Petition Under Order 21 Rule 11 CPC — No Bar Against Combining Claims in Execution. The court set aside the executing court's order directing amendment to restrict claim to one transaction, holding that CPC does not prohibit combining multiple decrees in one execution petition.

29 Apr 2016

The petitioner, PAFCO 2916 Inc., a company incorporated in the USA, obtained two separate decrees against the respondent, Kingfisher Airlines Limited,...

High Court

Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

6 Oct 2015

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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