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High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Matter — No Interference with Possession Notice as Debtor Failed to Discharge Liability. Court Held That Writ Jurisdiction Under Article 226 Cannot Be Used to Circumvent Statutory Remedy Under Section 17 of SARFAESI Act, 2002.

3 Feb 2025

The petitioners, Sri S.V. Ramaswamy, Mrs. Usha Ramaswamy, and R.K. Associates (a partnership firm), filed a writ petition under Article 226 of the Con...

High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

Supreme Court

Supreme Court Allows Management's Application in Land Sale Dispute by Invoking Principle of Restitution to Correct Erroneous Disbursement. Court Held That Funds Diverted to Parties Without Adjudication of Claims Must Be Returned to Protect Stakeholder Interests Under Inherent Jurisdiction and Section 144 of Code of Civil Procedure, 1908.

23 Mar 2023

The Supreme Court considered an application (I.A. No. 88960 of 2020) filed by the management of Unitech Limited seeking various directions related to ...

High Court

Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

30 Jan 2023

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Agency Agreement Dispute — Upholds Claim for Outstanding Invoices but Remits Interest Calculation. The court held that the arbitrator's award of interest at 18% per annum from the date of each invoice was contrary to the contract and Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, which requires interest to run from the date of cause of action unless otherwise agreed.

21 Jan 2020

The petitioner, Aero Club, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14t...

High Court

Bombay High Court Partly Allows Appeal in Arbitration Case — Reduces Interest Rate from 18% to 12% per annum. The court held that an interest rate of 18% pendente lite was excessive and modified it to 12% while maintaining post-award interest at 15% under Section 37 of the Arbitration and Conciliation Act, 1996.

12 Jul 2019

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Container Corporation of India Ltd. (CONCOR) agai...

High Court

Bombay High Court Allows Tenant's Appeal in Eviction Suit — Lease Deed Interpretation and Rent Arrears Calculation. Landlord's Unilateral Adjustment of Security Deposit Held Invalid; Notice of Demand Under Section 12(2) of Bombay Rent Act Not Proven.

23 Oct 2012

The appellant, Chandiram Dariyanumal Ahuja, was a tenant of a shop block owned by the respondent, Akola Zilla Shram Wahtuk Sahakari Sanstha, under a l...

High Court

High Court of Bombay at Goa Allows Complainant's Revision in Cheque Bouncing Case, Restores Order Issuing Process Against Accused. Sessions Court Erred in Holding Cheque Was Given as Security Without Trial.

19 Oct 2006

The complainant, M/s Travel Force, a division of M/s Hede Consultancy Co. Ltd., filed a criminal complaint against Dr. Mohan N. Bhave under Section 13...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

23 Dec 2005

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

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