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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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Supreme Court Examines High Court's Dismissal of Objections Under Section 47 CPC in Enforcement of Arbitral Award. Appeal Arises from Long-Term Coal Supply Agreement Dispute Involving Fraud Allegations and Scope of Section 47.

The dispute arose from a Long Term Agreement dated 07.03.2007 between MMTC Limited (appellant) and Anglo American Metallurgical Coal Pvt. Limited (res...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Coal Supply Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Court upholds award of damages for short supply of coal, finding no patent illegality or conflict with public policy.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Mahaguj Collieries Ltd. (original respondent) challenging an ...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — Price Revision Upheld as Valid Modification. Letter dated 28 June 1999 held to have modified the terms of the Purchase Order, allowing recoveries and adjustments per letter dated 31 October 2000.

The petitioner, M/s. JCL International Ltd., entered into a contract with the respondent, Bharat Petroleum Corporation Ltd., on 1 May 1999 for the sup...

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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...