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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

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Supreme Court Sets Aside NCLT and NCLAT Orders in Insolvency Matter Due to Reliance on AI-Hallucinated Precedents. The Court held that judgments based on non-existent, AI-generated fake material cannot be sustained and reaffirmed the necessity of human oversight in judicial adjudication.

The Supreme Court dealt with a civil appeal arising from an NCLT order that had been upheld by the NCLAT. The Court found that the NCLT had relied on ...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Non-Issuance of Shares Despite Investment. Court Restrains Alienation of Property Released from Mortgage Using Petitioner's Funds Pending Arbitration.

The petitioner, Manmohan Kapani, a 90-year-old US resident, invested USD 1 million in Kapani Resorts Pvt. Ltd. under a Share Subscription and Sharehol...

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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.

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...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...