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Bombay High Court Allows Writ Petition Challenging Appellate Court's Order Granting Injunction in Property Dispute — Held That Trial Court's Refusal of Injunction Was Correct as Plaintiff Failed to Establish Prima Facie Case of Ownership Over Disputed D.P. Road Area.

The present writ petition was filed by the defendants (petitioners) challenging the judgment and order dated 28.09.2022 passed by the learned District...

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COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024

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Bombay High Court Dismisses Tenant's Appeal Seeking Injunction Against Demolition — Tenant Refusing to Vacate Despite Offer of Market Compensation. Court Held That Tenant Cannot Hold Development to Ransom and Must Accept Compensation or Face Eviction.

The appellant, Smt. Esther Manickam, was a tenant in Flat No.A2, Ground floor, Ruia Building, Juhu, Mumbai, paying rent less than Rs.50 per month. The...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted.

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an inter...

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High Court of Karnataka Upholds Injunction Against Former Employee for Defamatory Social Media Posts — Balance of Convenience Favors Plaintiff Company. Former Employee Restrained from Making Defamatory Statements Against Employer on Social Media Under Order 39 Rules 1 and 2 CPC.

The appellant, Mr. Arnaud Descamps, a former employee of OnMobile Global Limited (respondent), was employed from 09.01.2007 to 12.04.2013. The respond...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Bank Guarantee Dispute — Exclusive Jurisdiction Clause in Contract Confers Jurisdiction on Chennai Courts. Plaintiff L&T's Suit Challenging Invocation of Performance Bank Guarantee Dismissed as Bombay High Court Has No Territorial Jurisdiction.

The plaintiff, Larsen & Toubro Limited (L&T), filed a suit in the Bombay High Court seeking a declaration that the invocation of a Performance Bank Gu...