Search Results for "Order XXI Rule 102 CPC"

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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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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Supreme Court Allows Appeal in Arbitration Execution Case — Interest Ceases on Withdrawal of Deposited Amount. Court holds that when a decree holder withdraws a deposited amount, interest ceases to run from the date of withdrawal, even if no formal notice under Order XXI Rule 1(4) CPC is given.

The case arises from an arbitration award dated 14.04.2000, whereby the appellant, Nepa Limited, was directed to pay Rs. 14,49,300/- to the respondent...

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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...