Search Results for "Execution petition maintainability"

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High Court of Bombay Makes Rule Returnable in Writs Seeking Compliance with RBI Master Circular on Loan Restructuring. Petitioners Allege Inability to Comply with Loan Obligations Due to Telecom Industry Downturn, Seek Direction to Banks Under Paragraph 6.4 of RBI Master Circular Dated 1 July 2015.

The petitioner in Writ Petition No. 1893 of 2019, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, filed a writ petit...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

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SECOND APPEAL NO. 148 OF 2016

The dispute centered on rights to perform pooja and collect offerings at Goddess Shree Rupa Bhavani Temple in Solapur, registered as a public trust. T...

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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract.

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.20...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...