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Bombay High Court Allows Amendment of Plaint in Possession Suit Despite Delay — Correction of Property Description Not Prejudicial. Mere delay in seeking amendment is not a ground for rejection if no prejudice is caused and amendment is necessary for just adjudication under Order VI Rule 17 CPC.

The petitioners, original plaintiffs, filed a suit in 1999 against the respondent for possession of a room situated in a chawl in Mumbai. In August 20...

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"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

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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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Bombay High Court Allows Chamber Summons for Admission of Documents Under Order XII CPC — Deems Documents Admitted Due to Defendants' Failure to Respond to Notice. Plaintiff's Notice Under Order XII Rule 3 CPC Not Responded To; Court Applies Rule 2A to Deem Documents Admitted.

The plaintiff, Hiren P. Doshi, filed a summary suit against the State of Maharashtra and the Commissioner of Employees State Insurance Scheme for reco...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Dismisses Amendment Application in Arbitration Challenge Due to Delay and Lack of Diligence. Petitioner Failed to Show Justification for Incorporating New Ground 17 Months After Filing Petition Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a Chamber Summons filed by Zee Sports Limited (now Zee Digital Convergence Ltd.) seeking amendment to its Arbitration Petition chall...