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Search Results for "chamber summons"

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High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

High Court

Bombay High Court Dismisses Application to Bring Legal Heirs on Record After 24-Year Delay in Specific Performance Suit. Condonation of Delay Refused as Plaintiff's Mistaken Belief Does Not Constitute Sufficient Cause Under Order 22 Rule 9 CPC.

21 Apr 2014

The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

Bombay High Court Dismisses Defendant's Application for Discovery and Inspection in Gas Supply Contract Dispute. No Contractual Relationship Established as GSPA Not Signed.

20 Feb 2014

The plaintiff, NTPC Limited, filed a suit against Reliance Industries Limited seeking a declaration that no contract existed between them for the supp...

High Court

Bombay High Court Dismisses Defendant's Chamber Summons to Strike Out Affidavit of Evidence in Specific Performance Suit — Affidavit of Evidence Not a Pleading Under Order 6 Rule 16 CPC. Court Holds That Averments Not in Written Statement May Be Allowed If They Do Not Introduce a New Case or Cause Prejudice.

20 Mar 2013

The Plaintiffs filed a suit for specific performance of a contract based on an unsigned MOU. The Defendant filed a written statement after a delay of ...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

20 Jul 2005

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

High Court

Bombay High Court Dismisses Arbitration Petition for Lack of Territorial Jurisdiction — Parties Exclusively Agreed to Pune Courts Under Selling Agency Agreement Clause 8. Exclusive Jurisdiction Clause in Contract Prevents Bombay High Court from Entertaining Section 34 Petition Despite Respondent's Registered Office in Mumbai.

7 Apr 2016

The petitioner, Unitech Texmech Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbit...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

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