Search Results for "privity of contract"

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Search Results for "privity of contract"

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High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

30 Nov -0001

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

High Court

Bombay High Court Allows Appeal Against Injunction in Property Dispute — Appellant Not Bound by Memorandum of Understanding Between Plaintiff and Defendant No.1. Court holds that an injunction cannot be granted against a party who is not a signatory to the agreement and whose title is not disputed, under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908.

30 Jun 2005

The appeal arose from an order dated 21-4-2005 passed by the City Civil Court at Mumbai in Notice of Motion No.1006 of 2005 in Short Cause Suit No.124...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Recovery of Price of Imported Oil Due to Lack of Privity of Contract. Plaintiff failed to establish that defendant canalising agency was liable for oil delivered to third parties under government allocation scheme.

3 Aug 2005

The plaintiff, The Malwa Vanspati and Chemicals Co. Ltd., filed a suit against the defendant, The State Trading Corporation of India Ltd., for recover...

High Court

Bombay High Court Dismisses Suit for Damages Against Shipowner and Agent Due to Lack of Privity of Contract and Failure to Prove Negligence. The court held that the plaintiffs, as endorsees of bills of lading, could not sue the shipowner for short delivery without establishing negligence or breach of contract.

19 Aug 2005

The plaintiffs, Union of India and Union Potash Ltd., filed a suit against Arimar Lines Ltd. (the shipowner) and Chowgule Brothers (the agent) for dam...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Garnishee Order Against Third Party in Arbitral Proceedings. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a non-signatory to the arbitration agreement without a prima facie case of liability.

16 Jul 2019

The petitioner, Jatin Keshruwala, sole proprietor of Janvi Production, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Restrains Arbitration Against Non-Signatory Parent Company — No Arbitration Agreement Exists Between Plaintiff and Defendant No.1 Under Contract Between Subsidiary and Contractor. Court Holds That Absence of Privity of Contract and Definition of Parties in Arbitration Clause Preclude Binding Non-Signatory to Arbitration Under Section 45 of the Arbitration and Conciliation Act, 1996.

14 Sep 2012

The plaintiff, JSW ISPAT Steel Limited, filed a suit seeking a declaration that there is no arbitration agreement between it and defendant No.1, Jeumo...

High Court

Bombay High Court Allows Appeal in Winding Up Petition Under Section 433(e) of Companies Act, 1956 — Bona Fide Defence of No Privity of Contract Rejected Based on Admission of Debt. The court held that an admission of debt by the Respondent, coupled with failure to reply to the Appellant's letter, negated the defence of no privity of contract.

2 Aug 2012

The appeal arose from an order of the Learned Company Judge dated 11 February 2011 dismissing a Petition for winding up under Section 433(e) of the Co...

High Court

High Court of Karnataka Allows Appeal in Insurance Subrogation Case — Appellant Not Liable for Consignee's Loss Without Privity of Contract. The court held that a carrier cannot be held liable for damages to goods where the consignor had no insurable interest and the consignee was not a party to the contract of carriage.

17 Jun 2019

The appellant, M/s. Blue Dart Express Ltd., was the defendant in a suit filed by respondents M/s. Entel Limited (plaintiff No.1) and United India Insu...

High Court

Bombay High Court Dismisses Tenant's Petition in Rent Act Suit — Leave and License Agreement Not a Camouflage. Court upholds Small Causes Court's finding that no landlord-tenant relationship existed between plaintiff and defendant under Bombay Rent Act, 1947.

14 Nov 2011

The petitioner, Dinesh Vasantrai Bhuta, filed a writ petition challenging the judgment and decree passed by the Appellate Bench of the Small Causes Co...

High Court

Madras High Court Allows Appeal in Commercial Dispute Over Attachment of Property Before Judgment — Order XXI Rule 46 CPC Not Applicable to Original Suits, But Court Grants Relief Under Order XXXVIII Rule 5 CPC. The court held that an application under Order XXI Rule 46 CPC is not maintainable in an original suit, but the plaintiff can seek attachment before judgment under Order XXXVIII Rule 5 CPC if the defendant intends to obstruct or delay execution.

2 Apr 2026

The appellant, Radiance Realty Developers India Limited, filed a suit against the respondent, M. Rekha, for recovery of Rs.41,42,871/- based on a cons...

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