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Karnataka High Court Dismisses Appeals and Cross Objection in Specific Performance and Possession Dispute Over KHB Allotted House. Agreement Holder Fails to Prove Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The case involves a dispute over a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellan...

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Karnataka High Court Dismisses Appellant's Specific Performance Suit for Lack of Readiness and Willingness — Agreement Holder Not Entitled to Equitable Relief. Concurrent findings affirmed that appellant failed to prove readiness and willingness under Section 16(c) of Specific Relief Act, 1963.

The dispute pertains to a house property allotted by the Karnataka Housing Board (KHB) to the respondent, Venkateshulu, in 1989. The appellant, Smt H ...

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Bombay High Court Hears Interim Application in Suit for Cancellation of Lease Modification Deeds. Application Seeks Injunction Against Construction and Alienation of Cooperative Society Property.

The matter involved a cooperative housing society and its lessee/assignee concerning a perpetual lease on a portion of land. The plaintiff, Usha Sunde...

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INTERIM APPLICATION NO.1075 OF 2023

The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members,...

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Bombay High Court Dismisses Arbitration Petitions for Enforcement of Foreign Awards Due to Non-Compliance with Section 47 of the Arbitration and Conciliation Act, 1996 — Failure to Produce Original or Certified Copies of Arbitration Agreement and Award Renders Petitions Not Maintainable.

The judgment concerns two arbitration petitions filed by Armada (Singapore) Pte. Ltd. against Ashapura Minechem Ltd. seeking enforcement of foreign aw...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Quashes Deficit Stamp Duty Demand in Development Agreement Case — Delay and Lack of Speaking Order Render Proceedings Invalid. Section 33A of Maharashtra Stamp Act, 1958 invoked after 10 years without proper application of mind; order set aside.

The Petitioner, Axayraj Buildwell Pvt. Ltd. (now Moongipa Realty Pvt. Ltd.), a developer, entered into a Development Agreement with D.N. Nagar Shree A...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Status Quo Order in Arbitration Dispute. Status Quo Order Ambiguous and Not Willfully Disobeyed by Respondents in Sale of Flats Under Section 9 of Arbitration and Conciliation Act, 1996.

The judgment arises from a contempt petition filed by Amkhim Holdings Pvt. Ltd. and Vasant Kotak & Bros. Trading & Investments Pvt. Ltd. against respo...