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Search Results for "commercial arbitration petition"

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High Court

Bombay High Court Dismisses Appeals as Not Maintainable: Order on Territorial Jurisdiction Not Appealable Under Section 13 of Commercial Courts Act. The Court Holds That Orders Under Section 9-A CPC Are Not Enumerated in Order XLIII CPC or Section 37 Arbitration Act, Limiting Appeals in Commercial Disputes.

14 Sep 2017

The dispute arose out of two commercial suits filed before the Bombay High Court, where the plaintiffs claimed reliefs and the defendants raised preli...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.

15 Oct 2024

The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...

High Court

High Court of Judicature at Bombay Hears Company Appeal (L) No. 47 of 2012 Along with Connected Appeals and Applications. No substantive judgment text was provided; only the cause list and appearances were available.

6 Nov 2012

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High Court

High Court of Karnataka Allows Refund of Court Fee Upon Withdrawal of Suit Under Order XXIII Rule 1(3) CPC — Petitioner Entitled to Refund of Court Fee Deposited at Time of Filing. The court held that the proviso to Order XXIII Rule 1(3) CPC mandates refund of court fee when a suit is withdrawn unconditionally, and the trial court's rejection of the refund application was erroneous.

19 Aug 2025

The petitioner, Bindu Balakrishna Patali, filed a suit (Com. O.S. 150/2024) before the LXXXIX Additional City Civil and Sessions Judge, Commercial Cou...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing Interim Relief in Share Dispute — No Prima Facie Case for Injunction Against EGM and Share Transfer. Court held that balance of convenience did not favour restraining the holding company from exercising its voting rights and that the appellants failed to establish a strong prima facie case for the relief sought.

13 Feb 2019

The case involves a dispute between the appellants (Ravi Arya, Nakul Arya, Sushma Arya, Varun Arya, and Ravi Arya HUF) and the respondents, including ...

High Court

Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

24 Oct 2016

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

High Court

Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

30 Nov -0001

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...

High Court

Bombay High Court Dismisses Petitions Challenging Eviction Decree in Rent Act Case — Concurrent Findings of Default in Payment of Rent and Subletting Not Interfered With Under Article 227. The court upheld the eviction decree under Section 15(1) of the Maharashtra Rent Control Act, 1999, based on concurrent findings of default and subletting.

23 Mar 2021

The petitioners, Tanzeem Shakil Ahmed Siddiqui and Nausheen Shakil Ahmed Siddiqui, filed two writ petitions under Article 227 of the Constitution of I...

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