Search Results for "Execution Proceedings"

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High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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High Court of Karnataka Dismisses Writ Petition Challenging Consumer Forum Orders in Execution Proceedings. No Jurisdictional Error Found in Attachment of Property for Enforcement of Consumer Award Under Consumer Protection Act, 1986.

The petitioners, M/s Sequeira Star Home Builders and others, filed a writ petition under Articles 226 and 227 of the Constitution of India read with S...

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Bombay High Court Sets Aside Insolvency Notice Against Partners Not Impleaded in Suit — Leave Under Order 21 Rule 50(2) CPC Required. Insolvency Notice Against Alleged Partners Without Prior Leave Under Order 21 Rule 50(2) CPC is Invalid as It Is a Step in Execution.

The judgment debtors, M/s. Shiva Trading Corporation (a firm) and its alleged partners Gulab S. Daga and Jatin Devi Daga, filed a motion to set aside ...

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Bombay High Court Dismisses Petition by Domestic Bidder Challenging Contract Award to Foreign Company. Price Preference Claim Rejected for Non-Compliance with Bid Conditions.

The Petitioner, Punj Lloyd Ltd., a domestic company, filed a writ petition under Article 226 of the Constitution challenging the award of a contract b...

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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 Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

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Bombay High Court Dismisses Appeal Against Notice to Show Cause in Execution of Consent Decree — Order 21 Rule 22 CPC Notice Upheld as Procedural Step Not Final Adjudication.

The case arises from an appeal filed by Dr. Amir Fidahusain and others against an order dated 12th June, 2006 passed by a learned single Judge of the ...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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Bombay High Court Dismisses Writ Petitions Challenging Land Acquisition Award Under Section 18 of Land Acquisition Act, 1894 — Reference Court's Enhancement of Compensation Upheld as No Error of Jurisdiction Found.

The petitioner, Ramubai Krushna Patil, filed three writ petitions (WP No. 10896/2025, WP No. 10897/2025, WP No. 10898/2025) challenging the award of t...