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Bombay High Court Allows Condonation of Delay in Filing Vakalatnama in Summary Suit — Defendant's Delay of 282 Days Condoned Subject to Costs of Rs. 25,000/-. The Court held that the delay was not intentional and the Defendant had a valid defence, thus condoned the delay in the interest of justice.

The case involves a Chamber Summons filed by the Defendant, Marianella Properties Pvt. Ltd., in a Commercial Summary Suit filed by the Plaintiff, Swas...

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Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

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Supreme Court Issues Notice to Advocate-on-Record and Senior Advocate for Suppression of Facts in Criminal Appeal. Court Considers Need for Code of Conduct for Advocates-on-Record and Reconsideration of Indira Jaising Decisions.

The Supreme Court was hearing a criminal appeal arising from a Special Leave Petition filed by a convict who had been sentenced to 30 years imprisonme...

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Bombay High Court Allows Amendment in Administration Suit to Implead Strangers and Challenge Alienations. Court Holds that Administration Suit Can Determine Validity of Deceased's Alienations and Implead Strangers if Circumstances Warrant.

The plaintiff filed a suit for administration of the estate of his deceased parents, who passed away on 18 March 2002 and 28 December 2004 respectivel...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in International Commercial Dispute Due to Lack of Jurisdiction. Indian Courts Lack Supervisory Jurisdiction Over Arbitration Seated in Colombia Governed by Colombian Law.

The petitioner, Disortho S.A.S., a Colombian company, and the respondent, Meril Life Science Private Limited, an Indian company, entered into an Inter...