Search Results for "Receiver's accounts"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Receiver's accounts"

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High Court

Bombay High Court Grants Interim Reliefs to Protect Estate of Deceased Testatrix in Administration Suit Pending Probate — Court Receiver Appointed for Inventory and Injunction Against Alienation of Flat. The court held that a suit for administration is maintainable even before grant of probate and that interim protection is necessary to prevent dissipation of assets under the Indian Succession Act, 1925.

23 Sep 2024

The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordanc...

High Court

Bombay High Court Dismisses Notice of Motion for Injunction in Property Dispute — Plaintiffs Fail to Establish Prima Facie Case for Interim Relief. Court holds that mere pendency of suit does not entitle plaintiffs to injunction without showing strong prima facie case, balance of convenience, and irreparable loss.

5 Jun 2023

The present Notice of Motion was filed in 2015 in Suit No. 693 of 2015 by the plaintiffs, Sudha Aziz Jhaveri and others, seeking an interim injunction...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

13 Oct 2022

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

High Court

Bombay High Court Holds Defendant Guilty of Contempt for Willful Disobedience of Injunction in Copyright and Passing Off Case. Defendant's Continued Use of Deceptively Similar Trade Dress Despite Court Order Constitutes Contempt Under Order 39 Rule 2-A CPC.

16 May 2019

The Plaintiff, Cargil India Private Limited, a subsidiary of Cargil Inc., is engaged in the business of edible oils and holds copyright in the packagi...

High Court

Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

18 Oct 2016

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

High Court

Bombay High Court Upholds Appointment of Court Receiver and Directions for Possession in Redevelopment Dispute — Non-Consenting Members Directed to Vacate to Facilitate Redevelopment. Court held that overwhelming majority of society members having consented, non-consenting members cannot obstruct redevelopment and must hand over possession through Court Receiver.

3 Oct 2013

The appeals arose from a judgment of the Learned Single Judge dated 16 September 2013 in a motion taken out by the first respondent (developer) in a s...

High Court

Bombay High Court Allows Execution of Possession Decree Against Court Receiver Despite Lack of Prior Leave - Leave Can Be Granted Retrospectively to Prevent Multiplicity of Proceedings. The court held that the requirement of obtaining leave to sue a receiver is to prevent interference with the court's custody, and such leave can be granted even after the decree to avoid multiplicity of proceedings.

19 Jul 2013

The case involves an appeal against an order of a learned Single Judge granting leave to the first respondent (landlord) to implead the Court Receiver...

High Court

Bombay High Court Allows Appeal in Property Dispute Case — Court Receiver Appointed to Protect Suit Premises Pending Trial. Dispute Involves Alleged Illegal Dispossession of Widow and Minor Son from Residential Flat and Office Premises by In-Laws.

9 Oct 2012

The appeal arises from a suit filed by Khushnuma Ibrahim Khan and her minor son Raghib Ibrahim Khan (appellants) against Asadullah Khan and others (re...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

26 Jul 2010

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

High Court

Bombay High Court Allows Appeal Against Rejection of Receiver Appointment in Partnership Dissolution Suit. Partnership at will dissolved by notice; court receiver appointed to protect assets pending final adjudication.

6 May 2005

The appellant, original plaintiff, filed Civil Suit No. 887 of 1994 seeking a declaration that the partnership firm M/s. Athavale Dairy was dissolved ...

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