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Bombay High Court Dismisses Section 11 Application for Appointment of Arbitrator in Coal Supply Dispute Due to Absence of Arbitration Agreement in Purchase Orders. Tax Invoices with Arbitration Clause Not Binding as They Were Unilateral and Not Accepted by Respondent.

The applicant, Hitesh Coal Traders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbi...

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Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

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Company Appeal (AT) (Ins) No. 1563 of 2023

The appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 arises from the order of the NCLT, Allahabad Bench dated 06.10.2023 dismissing...

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Bombay High Court Dismisses Petition Challenging Director's Evidence in Specific Performance Suit — Order 18 Rule 3A CPC Does Not Apply to Company Director. Director of Plaintiff-Company Can Be Examined After Constituted Attorney Without Prior Permission Under Order 18 Rule 3A CPC.

The petitioners, defendants in a suit for specific performance of a contract based on email exchanges, challenged the trial court's order allowing the...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Dismisses Appeal Against Order Condoning Delay of 129 Days in Arbitration Petition. Benefit of Section 14 of Limitation Act Extended as Earlier Filing in Delhi Court Was Bona Fide Despite Lack of Territorial Jurisdiction.

The dispute arose from an arbitral award passed on 25 February 2014. The respondent, Globe Capital Market Ltd., challenged the award by filing an arbi...