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Karnataka High Court Dismisses Petition Seeking Expeditious Disposal of Execution Case and Restoration of Conviction — Execution Case Already Disposed, Conviction Set Aside on Appeal. No Mandamus Issued as Relief Sought Became Infructuous.

The petitioner, Mr. Hemachandra M. Kuppalli, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of th...

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Bombay High Court Dismisses Appeal of Obstructionist in Execution Proceedings — Sub-Tenancy Claim Not Proven. Order 21 Rule 97 CPC Objection Fails as Appellant Failed to Establish Sub-Tenancy and Decree Was Within Limitation.

The appellant, Surjeetsingh Jaswantsingh Hora, filed an application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 before the IV Extra Jo...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Supreme Court Upholds Decision That Compromise Decree in Lease Renewal Dispute Is Merely Declaratory. Direction to Vacate Held Ineffective; Lessor Cannot Unreasonably Withhold Consent for Renewal Under Original Lease Terms.

The case arose from an execution proceeding concerning a compromise decree in a suit for ejectment of lessees of a cinema house known as Uttam Talkies...

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High Court of Bombay at Nagpur Dismisses Writ Petition Challenging Lok Adalat Award in Execution Proceedings. Lok Adalat Award Under Section 21 of Legal Services Authorities Act, 1987 Is Final and Binding and Cannot Be Challenged Under Section 47 CPC.

The petitioner, Dhanraj Dnyaneshwar Koche, along with respondent No.2, owned an agricultural field and entered into an agreement to sell it to respond...

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Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...

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Bombay High Court Makes Arbitration Award Rule of Court in Favour of Petitioner Despite Pending Supreme Court Appeal. No Stay of Execution Obtained by Respondent, Award Enforceable Under Section 17 of Arbitration Act, 1940.

The petitioner, Bharat Petroleum Corporation Ltd., filed an Arbitration Petition under Section 17 of the Arbitration Act, 1940, seeking to make an arb...

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Supreme Court Allows Appeal in Arbitration Execution Case — Interest Ceases on Withdrawal of Deposited Amount. Court holds that when a decree holder withdraws a deposited amount, interest ceases to run from the date of withdrawal, even if no formal notice under Order XXI Rule 1(4) CPC is given.

The case arises from an arbitration award dated 14.04.2000, whereby the appellant, Nepa Limited, was directed to pay Rs. 14,49,300/- to the respondent...