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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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Bombay High Court Dismisses Appeal Against Interlocutory Injunction in Film Rights Dispute — Agreement for Commission and Overflow Payments Upheld as Prima Facie Valid.

The appeal arose from an order of a Learned Single Judge granting interlocutory relief in a suit concerning rights in the film 'Hum Hai Rahi Pyar Ke'....

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...