Search Results for "Counter claim"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Counter claim"

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High Court

High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry.

2 Jan 2020

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished b...

High Court

High Court of Bombay Dismisses Railway's Challenge to Arbitral Award in Advertising Contract Dispute — Upholds Award of Refund and Damages for Breach of Contract. The court held that the arbitrator's findings were based on evidence and not perverse, and the award of damages beyond contractual refund was justified.

30 Jun 2011

The Union of India, acting through the Senior Divisional Commercial Manager of Western Railway, Mumbai, filed a petition under Section 34 of the Arbit...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Transport Agreement Dispute — Claims and Counterclaims Rejected Due to Lack of Evidence and Limitation. Court upholds award rejecting claims for transport charges, security deposit, and bank guarantee as barred by limitation and unsupported by evidence.

23 Nov 2011

The petitioner, Chaudhary Transport, a partnership firm, entered into a Transport Agreement with the respondent, Hindustan Petroleum Corporation Ltd. ...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Suit for Specific Performance and Injunction — Held that Plaint Discloses Cause of Action and is Not Barred by Limitation. The court held that the plaint cannot be rejected under Order VII Rule 11 CPC as the suit is within limitation and discloses a cause of action.

16 Jul 2016

The case involves a Notice of Motion filed by Defendant No. 11, Lily Realty Private Limited, in a suit for specific performance and injunction. The pl...

High Court

Bombay High Court Quashes FIR Against Air India Agents in Criminal Breach of Trust Case — Dispute Held to Be Purely Civil in Nature. Court finds that allegations of misappropriation of ticket sales proceeds do not constitute criminal offences under Sections 403, 405, 409, 420, 425 IPC as the relationship between the parties is contractual and the dispute is civil.

20 Jun 2017

The petitioners, Nilesh N. Shah and Hema N. Shah, were partners of a partnership firm engaged in the business of selling air tickets. Air India Limite...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Misreading of Judicial Auction and Inventory Proceedings. Courts below erred in misconstruing documents at Exhibit 40/C and Inventory Order No.82/84, affecting the appellants' title to property.

27 Aug 2013

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants, Jose Antonio Pedro Menino Fe...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice.

20 Mar 2017

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house p...

High Court

High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements.

19 Sep 2019

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd....

High Court

High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent.

19 Sep 2019

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works ...

High Court

High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

19 Sep 2019

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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