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Search Results for "appointment of receiver"

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High Court

Bombay High Court Allows Plaintiff's Application for Appointment of Court Receiver in Commercial Suit for Specific Performance — Defendant Failed to Demonstrate Prima Facie Case for Vacation of Injunction. Court held that the plaintiff had made out a strong prima facie case for appointment of Receiver to protect the suit property pending disposal of the suit.

1 Sep 2023

The plaintiff, Sanjay Madhusudhan Mehra, filed a Commercial Summary Suit No. 68 of 2021 against the defendants, M/s. Ahuja Properties and Associates a...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

High Court

Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

8 Sep 2022

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

High Court

Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

16 Mar 2017

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Arbitration Dispute Over Mortgaged Properties. Court holds that appointment of receiver pending arbitration is permissible under Section 9 of the Arbitration and Conciliation Act, 1996, but the impugned order was passed without proper application of mind and without considering the balance of convenience.

17 Jan 2017

The case involves two commercial appeals filed under Section 37 of the Arbitration and Conciliation (Amendment) Act, 2015, challenging a common order ...

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 Dismisses Appeal Against Attachment Order in Arbitration Award Enforcement — Consent Award Debt of Rs.8.80 Crores Upheld. Court holds that under Section 9 of the Arbitration and Conciliation Act, 1996, an order of attachment before judgment can be passed to secure the amount due under a consent award, and the court can appoint a receiver to take possession of the award debtor's properties.

20 Oct 2010

The appeal arises from an order dated 14th September 2010 passed by a learned Single Judge of the Bombay High Court in an arbitration petition under S...

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...

Supreme Court

Supreme Court Dismisses Appellant in Arbitration Act, 1940 Case — Property Preservation by Civil Court Permissible When Arbitral Extension Order Under Challenge. Civil Court in Madhya Pradesh Rightfully Appointed Receiver as Jurisdiction of Subordinate Judge, Delhi Was Disputed, Allowing Suit to Proceed Without Stay Under Section 34, Arbitration Act, 1940.

19 Aug 1969

Background: The appellant and the respondent were partners carrying on business at three locations—Pipiliya in Madhya Pradesh, Bombay, and Nagpur. D...

High Court

Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

30 Nov -0001

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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