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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

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Bombay High Court Upholds Interim Order for Deposit of Security Deposit in Arbitration Dispute — Essar House Private Limited v. Arcellor Mittal Nippon Steel India Limited

The case involves two appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, by Essar House Private Limited and Essar Services ...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief in Foreign Award Enforcement. Court Confirms Injunction Restraining Alienation of Helicopter Pending Enforcement of Singapore Award Under Part II of Arbitration Act, 1996.

The respondent, Aircon Feibars FZE, obtained a foreign award in Singapore on 25 January 2017 for approximately US$7 million (Rs.46 Crores) against the...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...

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Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...