Search Results for "Execution Proceedings"

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC.

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of My...

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High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

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High Court Allows Revision Against Rejection of Rescission of Contract Application Under Section 28 of Specific Relief Act, 1963. Decree-holders' failure to deposit balance consideration within extended time justified rescission of sale agreement.

The case involves a civil revision application filed by Bhagwat Harinkhede (original defendant/judgment-debtor) against Amit Zha and Ajay Nashine (ori...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Bombay High Court Dismisses Writ Petition Challenging Closure of Execution Proceedings Due to Inordinate Delay and Laches. Objections filed by third parties in execution proceedings not pursued for 14 years; executing court justified in recording satisfaction of decree.

The petitioners, Hirabai Dattatray Mankar and others, filed a writ petition challenging an order dated 11 September 2019 passed by the 6th Joint Civil...

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Bombay High Court Hears Writ Petition Challenging Order in Execution of Specific Performance Decree Pending Since 1978. Court Issues Rule and, with Consent, Takes Up Matter for Final Hearing at Admission Stage.

The writ petition arose from execution proceedings in a specific performance suit that was decreed in 1977 and confirmed in 1982. The respondent (decr...

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Madras High Court Dismisses Appeals Against Conditional Stay of Arrest Order in Execution Proceedings. Condition Requiring Deposit of 25% of Arbitral Award Amount Upheld as Not a Finding on Means; Execution Court to Determine Means (Paras 20-25).

The dispute arose from an arbitration award dated October 23, 2019, under which the appellant, a tenant, was directed to pay approximately Rs. 1.80 cr...