Search Results for "purchase pendente lite"

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Search Results for "purchase pendente lite"

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Supreme Court

Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

12 Feb 2026

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

Supreme Court

Supreme Court Allows Impleadment of Pendente Lite Transferee in Property Suit — Doctrine of Lis Pendens Does Not Render Transfer Void Ab Initio. The Court held that a transferee with knowledge of pending litigation may be impleaded under Order 1 Rule 10 CPC if necessary for effective adjudication, and the High Court erred in nullifying the sale deed based on Section 52 of the Transfer of Property Act, 1882.

21 Jan 2022

The Supreme Court allowed an appeal against the dismissal of an impleadment application by the Rajasthan High Court. The appellant, along with others,...

Supreme Court

Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

3 Jan 2022

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Award in Property Dispute — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court upholds arbitral award directing specific performance of agreement for sale of immovable property, rejecting challenge based on alleged non-compliance with Maharashtra Stamp Act and Indian Stamp Act.

1 Feb 2018

The petitioner, Siddhi Promoters, filed a writ petition under Article 227 of the Constitution of India challenging an arbitral award dated 30 Septembe...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

9 Jun 2017

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

High Court

Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

5 Jun 2017

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

19 Nov 2013

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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