Search Results for "order allowing counter claim"

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Search Results for "order allowing counter claim"

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High Court

Madras High Court Allows Counter-Claim Filed After Trial Commenced in Commercial Suit — Liberty Granted by Supreme Court to File Additional Pleadings Overrides Procedural Bar. The court held that the Supreme Court's order granting liberty to file additional pleadings includes the right to file a counter-claim, and the trial court erred in returning it.

30 Jan 2026

The respondent/plaintiff filed a commercial suit for recovery of Rs.2,84,85,962/- based on promissory notes. The petitioners/defendants filed a civil ...

Supreme Court

Supreme Court Upholds Arbitral Award in Commercial Contract Dispute — Joint and Several Liability of Holding Company and Subsidiary Upheld. Division Bench's restoration of award under Section 37 of Arbitration and Conciliation Act, 1996 affirmed, rejecting challenge on grounds of patent illegality and public policy.

3 Sep 2024

The case arises from a dispute between OPG Power Generation Private Limited (OPG) and its holding company Gita Power and Infrastructure Private Limite...

High Court

High Court of Karnataka Allows Appeal Against Return of Counter Claim in Civil Suit — Order 7 Rule 10 CPC Not Applicable to Counter Claims. The trial court erred in returning the counter claim under Order 7 Rule 10 CPC as that provision applies only to plaints, not counter claims; the counter claim must be dealt with under Order 8 Rule 6A CPC.

12 Jun 2023

The appellant-plaintiff, M/S. Shah Polymers, filed a suit (O.S.No.337/2008) against the respondents-defendants, M/S. Canara Poly Pack Ltd. and another...

High Court

Bombay High Court Allows Writ Petition Challenging Trial Court Order Allowing Counter Claim in Cooperative Dispute — Limitation Issue Raised. The court held that allowing the counter claim would extinguish the period of limitation available to the respondents and permit the petitioners to maintain the counter claim from the date of inception of the suit.

16 Feb 2023

The present Writ Petition was filed by the legal heirs of the original petitioner M.L. Sandbhor against Sulochana Walimbe (deceased) through her legal...

High Court

Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act.

30 Nov 2017

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliatio...

High Court

Bombay High Court Allows Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996, Setting Aside Arbitral Award for Patent Illegality and Violation of Natural Justice. Award declared firm dissolved on a date not claimed by any party and failed to consider crucial evidence regarding partnership property.

5 Jun 2017

The Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges an arbitral award dated 1st August 2006. The petiti...

High Court

Bombay High Court Allows Amendment of Appeal in Property Dispute — Petitioner Challenges Order Allowing Amendment of Counter Claim Grounds. Court Holds That Amendment Seeking to Add Grounds Regarding Dismissal of Counter Claims Does Not Introduce New Cause of Action and Is Permissible Under Order VI Rule 17 CPC.

10 Dec 2014

The petitioner, Shankar Masu Dokare, was the original plaintiff in Special Civil Suit No.110 of 2005, seeking a declaration of ownership and cancellat...

High Court

High Court of Bombay at Goa Upholds Exclusion of Counter-Claim for Damages in Divorce Petition Under Law of Divorce. Article 15 of Law of Divorce does not permit counter-claim for damages, and the provision stands repealed by Section 4(1) of the Goa, Daman and Diu (Extension of the Code of CPC and the Arbitration) Act, 1940.

2 May 2014

The case involves a writ petition filed by Kiru Sadashiv Porob alias Ajit Sadashiv Porob challenging an order dated 25.2.2013 passed by the Senior Civ...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

21 Nov 2012

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Sub-Brokerage Dispute — Upholds Appellate Bench Decision of Bombay Stock Exchange. Court holds that findings of fact by arbitral tribunal and appellate bench are not liable to be interfered with under Section 34 of the Arbitration and Conciliation Act, 1996 unless perverse or contrary to public policy.

9 Oct 2012

The petitioner, M/s. Actal, a sole proprietorship concern engaged in trading in shares, insurance, bonds, mutual funds, etc., was associated with the ...

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