Search Results for "Commercial Division jurisdiction"

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High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...

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Supreme Court Allows Summary Judgment in Recovery Suit Against DDA for Refund of Sale Consideration After Land Acquisition Lapses. The Court held that DDA cannot retain the money after failing to convey title due to lapsing of acquisition, and the suit was within limitation.

The Supreme Court allowed the appeal against the Delhi High Court's order dismissing the appellant's application for summary judgment under Order XIII...

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Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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Bombay High Court Quashes Reassessment Order in MVAT Case Due to Limitation and Lack of Natural Justice. Inter-State Stock Transfer Not a Sale Under MVAT Act, 2002; Reassessment Beyond 4-Year Limitation Period Invalid.

The petitioner, M/s. United Spirits Limited, a company engaged in the manufacture and sale of alcoholic beverages, filed a writ petition challenging a...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to File Additional Written Statement in Commercial Suit — Petitioner Granted Opportunity to File Additional Written Statement on Payment of Costs of Rs. 10,000/-.

The petitioner, M/s. Rhea Healthcare Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 08.04....

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Bombay High Court Upholds Enforcement of Foreign Judgment in Bunker Supply Dispute Despite Defendant's Challenges. Danish Supreme Court Judgment Held Conclusive Under Section 13 CPC as Defendant Failed to Prove Exceptions, Resulting in Decree for Balance Amount.

The dispute arose from a bunker supply transaction involving the vessel PFS NARAYANA. Dan Bunkering Limited, a Danish company, supplied bunkers to the...