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Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...

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High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

The High Court dismissed a series of Civil Revision Applications filed by Applicant challenging the dismissal of its applications for restoration of s...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

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Bombay High Court Dismisses Wife's Appeal Against Divorce Decree for Non-Resumption of Cohabitation. Court Upholds that Wife's Refusal to Join Husband in USA and Inaction on Restitution Decree Justifies Divorce Under Section 13(1A)(ii) of Hindu Marriage Act, 1955.

The appeal arose from a matrimonial dispute where the wife challenged the Family Court's decree of divorce granted to the husband on the ground of non...

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Bombay High Court Allows Recall of Order Dismissing Appeal Due to Advocate's No Instructions, Restores Appeal. Court Condoned 828-Day Delay as Applicant Was Misled by Advocate's Assurances.

The case involves a Notice of Motion filed by H.P. Mehta (the applicant) seeking condonation of a delay of 828 days in filing the motion and recall of...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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High Court Allows Bank Appeal, Holds Guarantors Liable for Loan Recovery; Trial Court's Dismissal Against Guarantors Reversed. Equitable Mortgage by Deposit of Title Deeds Valid and Suit Within Limitation as Guarantors Agreed to be Bound by Principal Borrower's Acknowledgment.

The dispute arose from a loan recovery suit filed by Allahabad Bank against the principal borrower and six guarantors. The bank had sanctioned a loan ...