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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Passes Judgment on Interim Application and Contempt Petition Arising from Alleged Violation of Injunction in Trademark Suit. Petitioners Allege Wilful Disobedience of Order Restraining Use of 'Khadi' Mark and Association Name.

The dispute concerned an application under Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 and a contempt petition arising from alleged wilf...

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Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

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Bombay High Court Hears Appeal Against Dismissal of Suit as Barred by Limitation in Benami Transaction Dispute. Preliminary Issues Under Section 9A CPC Involved Bar of Benami Act and Limitation.

The appeal before the Bombay High Court arose from the dismissal of Suit No.777 of 2014 by a learned Single Judge on the ground of limitation. The app...