Search Results for "refundable security deposit"

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Search Results for "refundable security deposit"

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High Court

High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

8 Jul 2026

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

17 Nov 2025

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

Supreme Court

Supreme Court Sets Aside Arbitral Award for Unexplained Delay and Unworkability - Restores Parties to Original Positions Under Article 142. Unexplained delay of over three years in pronouncing award and failure to finally settle disputes renders award contrary to public policy under Section 34 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The Supreme Court of India considered two civil appeals arising from an arbitral award that was reserved on 28.07.2012 but pronounced only on 16.03.20...

High Court

Bombay High Court Quashes FIR in Franchise Dispute: Breach of Contract Not Cheating Without Fraudulent Intent. Essential Ingredients of Sections 420 and 406 IPC Not Made Out as Dispute is Purely Civil in Nature.

29 Nov 2024

The applicants, directors of AN Retail Ventures Private Limited (ANR), sought quashing of FIR No.134/2021 registered at Osmanpura Police Station, Aura...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Lease Dispute — Finds Perversity in Force Majeure Finding. Court holds that the Arbitrator's conclusion that the lessee's termination was not under the force majeure clause was perverse, but upholds other findings on delayed approvals and property tax dues.

19 Oct 2020

The case arises from a lease deed dated 1st August 2013 between Reliable Spaces Pvt Ltd (the Petitioner/Lessor) and Evonik India Pvt Ltd (the Responde...

High Court

High Court of Karnataka Quashes Complaint and Summons in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice and Non-Compliance with Section 138 NI Act. The court held that the demand notice must be sent to the correct address of the drawer and that directors cannot be held liable without specific averments regarding their role.

26 Apr 2019

The petitioners, M/s Serve & Volley Outdoor Advertising Pvt Ltd and its directors, filed writ petitions under Articles 226 and 227 of the Constitution...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Recovery of Security Deposit Under RDB Act. Security Deposit Refund Under Leave and License Agreement is Not a 'Debt' Under Section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, as It Does Not Arise from a Banking Transaction or Financial Assistance.

19 Oct 2018

The petitioner, HDFC Bank Ltd., a private sector bank, filed a writ petition challenging the order of the Debt Recovery Tribunal (DRT) at Pune, which ...

High Court

Bombay High Court Allows Appeal in Summary Suit Dispute Over Dishonoured Cheque — Triable Issues Raised Regarding Loan Repayment and Liability of Guarantors. Court sets aside summary judgment and grants unconditional leave to defend, holding that the appellants raised triable issues including whether the loan was repaid and whether the guarantors were discharged.

17 Dec 2016

The case arises from a summary suit filed by Anthony Maharaj (respondent) against Morpheus Media Ventures Pvt. Ltd. and others (appellants) for recove...

High Court

Bombay High Court Allows Petition and Quashes Process in Cheque Dishonour Case Where Cheque Was Issued as Security Deposit. Held that a cheque given as security for due performance of a contract does not constitute a 'debt or other liability' under Section 138 of the Negotiable Instruments Act, 1881, and thus dishonour of such a cheque is not an offence.

20 Jul 2010

The petitioner, Joseph Vilangadan, was the managing partner of M/s. Encon Engineering and Contractors, which entered into an agreement with the respon...

High Court

Bombay High Court Directs Return of Security Deposit with Interest in Customs Duty Dispute — Petitioner Entitled to Refund of Rs.10 Crores with 18% Interest After CESTAT Set Aside Confiscation Order. The Court held that once proceedings are finalized in favour of the importer, the revenue cannot retain the security deposit and must return it with interest from the date of deposit under the Customs Act, 1962.

14 Jun 2010

The petitioner, M/s Pride Foramer, a company engaged in offshore oil exploration, imported a rig 'Pride Pensylvania' for a contract with ONGC. On 15 M...

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