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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Supreme Court Dismisses Appeal Against Rejection of Revocation of Letters of Administration in Ancillary Grant Case. Limitation for Revocation Application Runs from Date of Grant, Not Knowledge, Under Article 137 of Limitation Act, 1963.

The case involves an appeal by Ramesh Nivrutti Bhagwat against the Bombay High Court's decision affirming the rejection of his application for revocat...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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High Court of Bombay at Nagpur Bench Dismisses Writ Petition Challenging Setting Aside of Ex Parte Decree in Recovery Suit. Trial Court's Discretionary Order to Allow Defendant to File Written Statement on Payment of Costs Upheld Under Order 9 Rule 7 CPC.

The petitioner, Dr. Sujitnath Banerjee, filed a suit for recovery of Rs.2,32,62,249/- against the respondents. The defendants were served but failed t...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...