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Bombay High Court Dismisses Decree Holder's Application to Implead Auction Purchaser in Execution Proceedings — Order VI Rule 17 CPC Application Rejected as Execution is Not a 'Trial' and Amendment Would Change Nature of Suit

The petitioner, Sangli Zilla Parishad Employees Co-operative Credit Society Limited, had advanced a loan to respondent no.1, Ninaidevi Sahakari Sakhar...

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Bombay High Court Allows Appeal Against Injunction on Bank Guarantee Invocation in Contract Dispute. Bank Guarantee is Independent Contract; No Fraud or Irretrievable Injustice Shown.

The appellant, VKE Plumbing Private Limited, was awarded a contract by respondent No.1, Blue Ridge Hotels Private Limited, for plumbing and fire fight...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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Bombay High Court Dismisses Review Petition in Debt Recovery Case — No Error Apparent on Record. Review Petition under Order 47 Rule 1 CPC fails as petitioner failed to deposit amount as directed, and no grounds for review were made out.

The petitioner, M/s MRB Roadconst. Pvt. Ltd., filed a Review Petition before the Bombay High Court seeking review of an order dated 10th June 2015 pas...

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Bombay High Court Upholds Parents' Maintenance Claim Against Son Under Section 125 CrPC — Son Earning Rs. 3 Lakhs Per Month Directed to Pay Rs. 40,000 Per Month to Parents. Maintenance Award Upheld as Parents Shown to Be Unable to Maintain Themselves Despite Owning Some Land.

The respondents, Govindrao Upasrao Naik and Mankarnabai, parents of the applicant Vasant Govindrao Naik, filed an application under Section 125 of the...

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Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...