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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The appellant, Sri Shivashankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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Bombay High Court Dismisses Petitioner's Challenge to ONGC's Decision to Open Price Bid of Technip in Tender for Onshore Terminal. Court holds that deficiencies in technical bid were curable and decision based on Independent External Monitor's recommendation was not arbitrary.

The Petitioner, KSS Petron Pvt. Ltd., challenged a communication dated 6th January 2014 from Respondent No.1, Oil and Natural Gas Corporation Ltd. (ON...