Search Results for "executable decree"

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Petitioner in Iron Ore Fines Sale Dispute. Rejects Respondent's Challenge Based on Public Policy and Natural Justice Under Sections 44-49 of Arbitration & Conciliation Act, 1996.

The petitioner, Noble Resources Ltd., a Hong Kong company, entered into a contract on 9 May 2008 with the respondent, Twenty First Century Wire Roads ...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Procedural Order in Arbitration Proceeding. Section 9 or Section 19 of Arbitration and Conciliation Act, 1996 Cannot Be Invoked to Challenge Arbitrator's Communication Regarding Procedure.

The petitioner, Sahyadri Earthmovers, filed an Arbitration Petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Karnataka High Court Hears Writ Petition Challenging Condonation of Delay in Filing Arbitration Application Under Section 34 of Arbitration Act. Dispute Centers on Whether Limitation Runs from Original Award or Belated Correction Order When Section 33 Application Filed Beyond 30 Days.

The writ petitions challenged the order of the Commercial Court condoning the delay in filing arbitration suits under Section 34 of the Arbitration an...

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Bombay High Court Dismisses Petition Challenging Mutation Entry in Revenue Records — Civil Suit Remedy Available for Title Disputes Under Section 149 of Maharashtra Land Revenue Code, 1966. Mutation entries do not confer title and revenue authorities cannot adjudicate title; proper remedy is civil suit.

The petitioners, Jagannath Khanderao Kedar and Indumati Khanderao Kedar, filed a writ petition under Article 227 of the Constitution of India challeng...

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Bombay High Court Upholds Enforcement of Foreign Judgment in Bunker Supply Dispute Despite Defendant's Challenges. Danish Supreme Court Judgment Held Conclusive Under Section 13 CPC as Defendant Failed to Prove Exceptions, Resulting in Decree for Balance Amount.

The dispute arose from a bunker supply transaction involving the vessel PFS NARAYANA. Dan Bunkering Limited, a Danish company, supplied bunkers to the...

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High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment.

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Proced...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...