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Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Allows Revision in Specific Performance Suit — Unregistered Partnership Firm Barred from Suit Under Section 69 of Indian Partnership Act, 1932. Plaintiff's admission of non-production of registration document leads to rejection of plaint under Order VII Rule 11 CPC.

The petitioners, original defendants in a suit for specific performance of contract, filed a Civil Revision Application under Section 115 CPC challeng...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the question of privity of contract is a matter of trial and cannot be decided at the stage of Order VII Rule 11 CPC.

The petitioners, original defendant nos.5 to 8, filed a Civil Revision Application challenging the order dated 16/09/2016 passed by the Civil Judge (S...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial.

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yam...

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Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

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High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Not Filed by Authorized Person. Suit for ejectment and mesne profits dismissed as the person filing the suit on behalf of the Trust was not duly authorized under the Trust Deed.

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgm...