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Bombay High Court Dismisses Petitions Challenging Striking Off Written Statements in Commercial Suit — Time Limit of 120 Days Under Order VIII Rule 1 CPC and Section 16 of Commercial Courts Act, 2015 Is Mandatory and Cannot Be Extended.

The judgment arises from two writ petitions filed by defendants in a commercial suit instituted by Tata Steel Ltd. (respondent) for recovery of amount...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Appellant's claim of loan advanced to friend fails as no legally enforceable debt existed, leading to acquittal under Section 138 of Negotiable Instruments Act, 1881.

The appellant, Shri Datta S. Nadkarni, filed a criminal appeal challenging the acquittal of the first respondent, Mr. Salvador Fernandes, from an offe...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Dismissal on Limitation Grounds. Court holds that limitation period for filing complaint under Section 138 of Negotiable Instruments Act, 1881 runs from date of receipt of notice by accused, not from date of dispatch.

The appellant, Krishnakumar Vishwanathprasad Chaturvedi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respo...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...