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High Court Considers Whether Arbitrator Has Jurisdiction to Pass Successive Awards and Whether Claims Are Barred by Res Judicata. Challenge to Awards Confirmed by Lower Court Raises Issues of Functus Officio and Splitting of Claims under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

The appeals arose from two arbitration awards passed by the sole arbitrator in disputes between Mysore Lamp Works Limited (appellant) and S.V. Enginee...

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Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...

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High Court of Karnataka Dismisses Writ Petitions Challenging Trial Court Order on Impleading Parties in Suit for Partition and Injunction — Upholds Order Allowing Impleading of Subsequent Purchasers as Necessary Parties Under Order 1 Rule 10 CPC.

The petitioner, H.P. Subbareddy, filed a suit for partition and permanent injunction in respect of certain immovable properties. During the pendency o...

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Bombay High Court Hears Writ Petition Challenging Order in Execution of Specific Performance Decree Pending Since 1978. Court Issues Rule and, with Consent, Takes Up Matter for Final Hearing at Admission Stage.

The writ petition arose from execution proceedings in a specific performance suit that was decreed in 1977 and confirmed in 1982. The respondent (decr...

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Supreme Court Examines High Court's Dismissal of Objections Under Section 47 CPC in Enforcement of Arbitral Award. Appeal Arises from Long-Term Coal Supply Agreement Dispute Involving Fraud Allegations and Scope of Section 47.

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (appellant) and Anglo American Metallurgical Coal Pvt. Limited (res...

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Bombay High Court Dismisses Third Party Impleadment Application in Partnership Suit — Assignment of Right to Sue Does Not Confer Right to Be Substituted as Party Without Leave of Court Under Order 22 Rule 10 CPC.

The present Chamber Summons was taken out by third party applicants, MahHill Properties Pvt. Ltd. and another, seeking impleadment as party defendants...