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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Family Dispute Over Partnership Deed. Arbitration Clause in Partnership Deed Found Valid and Binding on Parties Despite Allegations of Fraud and Non-Signatory Status.

The applicants, Hemant D. Shah HUF and Kokila H. Shah, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking ap...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over HAMON Mark. Plaintiff's registered trademark 'HAMON' found to be infringed by Defendant's use of 'HAMON COOLING' and 'HCS HAMON COOLING' in trade and corporate name.

The Plaintiff, John Cockerill Hamon SA, filed a Commercial IP Suit alleging infringement and passing off of its registered trademark 'HAMON' by the De...

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Bombay High Court Dismisses Review Petition by State of Maharashtra Against Consent Order in Writ Petition — Concession by Government Advocate Binding on State. The court held that the State cannot resile from a concession made by its advocate, as it would be an abuse of process.

The judgment pertains to a Review Petition filed by the State of Maharashtra seeking review of an order dated 13/12/2019, which disposed of Writ Petit...

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High Court of Karnataka Dismisses Writ Petitions Challenging Zilla Panchayat Election Notification Due to Delay and Laches. Petitions Filed After Commencement of Election Process Are Not Maintainable Under Article 226 of Constitution of India and Section 308 of Karnataka Panchayat Raj Act, 1993.

The petitioners, who were Zilla Panchayat members from various constituencies in Chitradurga District, filed writ petitions under Article 226 of the C...

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High Court of Karnataka Dismisses Appeal Against Rejection of Cross-Examination Application in DRT Proceedings — Failure to File Evidence Affidavit Justifies Denial of Cross-Examination Under Rule 12(6) of RDDBFI (Procedure) Rules, 1993.

The appellants, M/s Perfect Polybaags Private Ltd. and its directors, were defendants in Original Application No.239/2011 pending before the Debt Reco...

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High Court of Karnataka Allows Writ Petition to Lift Attachment of Mortgaged Properties in Favor of State Financial Corporation Over Income Tax Recovery. Priority of secured creditor under Section 46A of State Financial Corporations Act, 1951 prevails over Crown debt for income tax arrears.

The petitioner, Karnataka State Industrial Investment Development Corporation Ltd., a State owned Corporation and a Financial Institution governed by ...

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High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

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High Court of Karnataka Quashes Land Acquisition Notification for Industrial Development Due to Non-Compliance with Section 28 of KIADB Act, 1966. Preliminary Notification Lapsed as Final Notification Not Issued Within Prescribed Period of Two Years.

The petitioners, landowners from Gavenahalli Village, Hassan Taluk and District, filed writ petitions under Articles 226 and 227 of the Constitution o...