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Bombay High Court Adjudicates Suit for Recovery of Damages Arising from Arbitration Award; Collaboration Agreement Obligations Disputed Between Corporation and Firm. Key Issue: Whether Defendants Liable for Breach of Export Contract Stemming from December 1968 Collaboration Agreement.

The Maharashtra Small Scale Industries Development Corporation Ltd., a government-owned company, entered into a collaboration agreement in December 19...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Held to Be Leave and Licence, Not Sale. Court upholds finding that the agreement dated 22 April 1977 was a sham document and the transaction was a leave and licence arrangement, not an agreement for sale.

The Appellant, M/s. Imageads and Communications Pvt. Ltd., filed a suit for specific performance of an agreement dated 22 April 1977, claiming that Re...

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Supreme Court Hears Appeal Against High Court's Reversal of First Appellate Court's Decree for Specific Performance of Agreement for Sale. High Court Had Directed Refund of Earnest Money Instead of Specific Performance, Holding That Appellant Failed to Prove Readiness and Willingness.

The litigation arose from an agreement for sale dated 08.01.2010, whereby the defendants agreed to sell two items of immovable property to the appella...

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Bombay High Court Quashes LAO's Apportionment Order in Highway Acquisition — Directs Reference to Civil Court Under Section 19C(4) of Maharashtra Highways Act, 1955. Dispute over compensation apportionment between partnership firm and its individual partners requires adjudication by civil court, not LAO.

The petitioners, Pravin Girish Chamaria and Nishit Bechar Patel, along with respondents 4 and 5 (Dilip Prabhakar Kudalkar and Jagdish Shashikumar Raje...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time.

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court...

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Bombay High Court Allows Judgment Debtor's Petition Quashing Consumer Forum Proceedings Under Section 27 of Consumer Protection Act, 1986. Lack of Notice of Readiness and Willingness by Decree-Holder Renders Penalty Proceedings Unmaintainable.

The petitioner, M/s. Aditya Developers, a partnership firm, was the judgment debtor in a decree passed by the Consumer Forum on 17/01/2007. The decree...

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High Court of Bombay Dismisses Petitions Challenging Arbitral Award in Stock Broker Dispute. Court Upholds Arbitral Tribunal's Findings of Fact and Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns multiple arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...