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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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High Court of Bombay Adjudicates Section 34 Petition Against Arbitral Award in Commercial Dispute. Termination of Services Agreement by State Assembly Secretariat Held Illegal by Arbitrator; Court's Decision on Frustration and Party Distinctness Not Available in Provided Excerpt.

Background: The dispute arose from an agreement dated 5 December 2015 between the Uttar Pradesh Legislative Assembly (UPLA) Secretariat and Tata Consu...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...