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Supreme Court Allows Appeal Against Extension of Time for Filing Written Statement Beyond 120 Days Under Amended CPC. Mandatory Forfeiture of Right to File Written Statement After Expiry of Statutory Period Under Order VIII Rule 1 CPC as Amended by Commercial Courts Act, 2015.

The Supreme Court allowed an appeal against two orders of the High Court that permitted the defendant to file a written statement beyond the statutory...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Allows Substituted Petitioning Creditor in Insolvency Proceedings Based on Original Act of Insolvency. Hire Purchase Claim Held Valid as Debt Under Presidency Towns Insolvency Act, 1909 Despite Lack of Decree.

The Insolvency Petition was originally filed by Mandvi Cooperative Bank Ltd. based on an award of the Cooperative Court dated 7th August 2000. An Inso...

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High Court of Bombay Considers Challenge to Banning Order Issued by Public Sector Undertaking – Allegations of Blacklisting Without Proper Notice and Violation of Fundamental Rights. Petitioner Contends That Show Cause Notice Did Not Specify Intention to Ban for Three Years, Rendering Order Arbitrary.

The writ petition under Article 226 of the Constitution of India was filed by a private limited company engaged in corrosion resistant coating applica...

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High Court of Bombay Decides Writ Petition Against ONGC's Banning Order. Petitioner Challenges Three-Year Blacklisting on Grounds of Natural Justice Violation.

The petitioner, M/s J.K. Surface Coatings Pvt. Ltd., a company engaged in corrosion resistant coating application, challenged a banning order dated 25...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Industrial Court Order on Unfair Labour Practice. Withdrawal of incentive bonus without lawful revision held to be unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The Petitioner, Municipal Corporation of Greater Mumbai through its General Manager of BEST, challenged the judgment and order dated 14 February 2008 ...

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Bombay High Court Dismisses Section 9 Petition for Interim Measures in Family Trust Dispute, Leaves Validity of Arbitration Agreement to Arbitrator under Section 16. Beneficiary Not Signatory to Trust Deed Cannot be Non-suited at Interim Stage When Arbitrator Already Appointed.

The case involved a dispute under a family trust, the Alimchandani Family Trust, created by a deed dated 24th March 1982. The settlor was Indira Bihar...