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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Commercial Dispute Over Defective Machinery. Claim Barred by Limitation as Arbitration Reference Made Beyond Three Years from Cause of Action Under Article 137 of Limitation Act, 1963.

The appellant, M/s. Premlaxmi & Co., placed an order with respondent No.1, Ingersoll Rand (India) Limited, for purchase of portable compressors. Four ...

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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.

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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Bombay High Court Dismisses Appeal Seeking Discharge from Undertaking in Consent Terms — Undertaking Given in Consent Terms Cannot Be Modified Unilaterally Without Proof of Fraud or Mistake.

The appeal arises from a judgment and order of the learned Single Judge dated 27 June 2011, dismissing a Notice of Motion taken out by the Appellants ...

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Bombay High Court Initiates Contempt Proceedings for Fabricated School Leaving Certificate in Civil Suit. Court finds document fraudulent after CID investigation, imposes compensatory costs and sentences applicant and advocates for perjury and contempt.

The case arises from Suit No. 1780 of 1993 pending before the Bombay High Court. In that suit, one Madhu Lakhma Kakade filed Chamber Summons No. 220 o...

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Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963.

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in...