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Search Results for "defendant hearing"

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High Court

Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

4 Feb 2013

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

High Court

High Court of Karnataka Hears Regular First Appeal Against Decree for Specific Performance of Agreement for Sale — Appeal Filed Under Section 96 CPC Challenging Findings on Readiness and Willingness and Order II Rule 2 Bar. The Appeal Raises Issues of Maintainability Under Order II Rule 2 CPC and Proof of Readiness and Willingness.

11 Aug 2023

The dispute arises from a suit for specific performance of an agreement for sale of immovable property dated 15.03.2010 filed by the respondent-plaint...

High Court

Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Sale Agreement for Rs.4,75,000 with Rs.75,000 advance; plaintiff always ready and willing; defendant's unilateral rescission invalid.

10 Jan 2025

The case arises from a suit for specific performance of a sale agreement dated May 26, 2006, whereby the plaintiff (first respondent) agreed to purcha...

High Court

Bombay High Court Restrains Arbitration Against Non-Signatory Parent Company — No Arbitration Agreement Exists Between Plaintiff and Defendant No.1 Under Contract Between Subsidiary and Contractor. Court Holds That Absence of Privity of Contract and Definition of Parties in Arbitration Clause Preclude Binding Non-Signatory to Arbitration Under Section 45 of the Arbitration and Conciliation Act, 1996.

14 Sep 2012

The plaintiff, JSW ISPAT Steel Limited, filed a suit seeking a declaration that there is no arbitration agreement between it and defendant No.1, Jeumo...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

19 Nov 2013

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

High Court

High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

17 Apr 2021

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale Due to Plaintiff's Failure to Prove Readiness and Willingness. The Court held that the plaintiff failed to establish that she was ready and willing to perform her part of the contract and that the termination of the agreement by the defendant was justified.

14 Jan 2010

The plaintiff, Kanchan Gopal Rohira, filed a suit against Nirman Construction Pvt. Ltd. and others seeking a declaration that the termination of an ag...

High Court

Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in Beer Product Dispute. Plaintiff's registered trademark 'HAYWARDS 5000' held to be deceptively similar to Defendant's 'COX 5001', warranting protection pending trial.

6 Feb 2014

The plaintiff, Sabmiller India Limited, filed a suit seeking a permanent injunction against the defendant, Jagpin Breweries Ltd., for infringing its r...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiff's Title Based on Registered Deed. Registered document prevails over unregistered agreement; possession ordered to be handed over to the plaintiff.

10 Oct 2016

The case involves a dispute over a flat in Pune. The plaintiff, Nanda Madhukar Yene, claimed she purchased the suit flat and obtained a registered Dee...

High Court

Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

13 Jan 2023

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

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