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Madras High Court Considers Application to Vacate Section 9 Interim Injunction in Scrap Contract Dispute. Jurisdictional Objection Based on Seat of Arbitration at Bhavnagar, Gujarat, and Allegations of Suppression of Material Facts Raised.

The case involved an application under Section 9 of the Arbitration and Conciliation Act, 1996 before the Madras High Court. The applicants, M/s.Gosea...

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Bombay High Court Upholds Injunction Against Developer in Property Dispute Over Unregistered Agreement. Court Restrains Construction on Suit Properties Pending Suit, Holding That Unregistered Agreement of Sale Cannot Confer Title or Right to Develop.

The appellant, Lodha Estate Private Limited, challenged an order of injunction passed by the trial court in Special Civil Suit No. 186/2011. The respo...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over HAMON Mark. Plaintiff's registered trademark 'HAMON' found to be infringed by Defendant's use of 'HAMON COOLING' and 'HCS HAMON COOLING' in trade and corporate name.

The Plaintiff, John Cockerill Hamon SA, filed a Commercial IP Suit alleging infringement and passing off of its registered trademark 'HAMON' by the De...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Prima Facie Case for Injunction Against Co-Owners. Agreement for Sale of Undivided Share by One Co-Owner Does Not Create a Right to Injunction Against Other Co-Owners Who Are Not Parties to the Agreement.

The appellant-plaintiff, M/s. Amoda Properties LLP, filed a suit for specific performance of an agreement dated 21st December 2016, whereby defendant ...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Trade Mark Infringement Suit — Appellant's Prior User and Registration of Mark 'Shriphal' Establishes Prima Facie Case for Injunction.

The appellant, M/s. Mysore Deep Perfumery Household, a partnership firm engaged in manufacturing and exporting agarbatti, scent, perfume, camphor, dho...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...