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Bombay High Court Allows Third Party Claim in Execution Proceedings — Sets Aside Attachment of Property Based on Prior Agreement for Sale. Applicant's Ownership Established Through Agreement Dated 9.1.2002 and Possession Before Decree, Property Released from Attachment.

The present chamber summons was taken out by Bhagwant Kaur Suri, proprietor of M/s. Beekay Enterprises, seeking to set aside the warrant of sale and r...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Bombay High Court Quashes BMC Demolition Order for Violation of Natural Justice. Petitioners' structure demolished without notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, and court orders restoration.

The petitioners, occupiers of a plot of land in Jogeshwari, Mumbai, challenged an order dated 15 June 2023 passed by the Executive Engineer of the Bri...