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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Suit Dismissed as Barred by Limitation. Trial Court's Finding of Limitation Upheld; Decree for Refund Set Aside as Without Jurisdiction.

The dispute arose from an agreement to sell dated 01.09.2004 and a final agreement dated 19.11.2004 between the plaintiff (respondent) and the defenda...

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Under Bombay Government Premises (Eviction) Act, 1955 — Lease Expiry and Government Requirement Justify Eviction. Petitioner's challenge to eviction dismissed as lease had expired and premises were required for government purposes.

The petitioner, Laxmi B. Metkari, was a lessee of a commercial premises in Mumbai under a lease deed dated 13 June 1981, renewed until 28 September 20...