Search Results for "Execution petition maintainability"

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Search Results for "Execution petition maintainability"

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High Court

Bombay High Court Dismisses Appeal Against Appointment of Court Receiver in Execution Proceedings — Third Party Claimants Cannot Resist Execution Without Independent Title. The Court held that Section 9A CPC does not apply to execution proceedings and that objections by third parties in execution are not maintainable unless they have an independent right or title.

25 Sep 2018

The case involves a commercial appeal arising from an order dated 8 August 2018 passed by a learned Single Judge of the Bombay High Court in execution...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Application for Unregistered Partnership Firm. Section 69(3) of the Partnership Act, 1932 Bars Interim Relief Under Arbitration and Conciliation Act, 1996 for Unregistered Firm.

15 Dec 2006

The appellant, Masood Mohmmed Husain, filed an appeal against the rejection of his application under Section 9 of the Arbitration and Conciliation Act...

Supreme Court

Supreme Court Holds Contemnor Guilty in Civil Contempt Petition for Non-Payment of Use and Occupation Charges. The court found wilful disobedience of its order directing payment of arrears and monthly charges, rejecting the defense of financial incapacity as the contemnor continued to occupy the property under the Contempt of Courts Act, 1971.

24 Apr 2025

The dispute originated from an agreement dated 26.01.2014 between M/s Chithra Woods Manors Welfare Association (petitioner association) and Shaji Augu...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

10 May 2013

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

High Court

High Court of Judicature at Bombay, Aurangabad Bench, Considers Multiple Writ Petitions Against Maharashtra State Co-operative Bank's Securitisation Action Over Sugar Factory Assets. The Core Legal Question is Whether a Co-operative Bank Qualifies as a 'Bank' Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and the Validity of Measures Taken Under Section 13(4) Thereof.

19 Dec 2006

The matter arose from multiple writ petitions filed before the Bombay High Court (Aurangabad Bench) concerning the assets of Shankar Sahakari Sakhar K...

Supreme Court

Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

1 Jan 2020

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

High Court

High Court of Judicature at Bombay Nagpur Bench Hears Letters Patent Appeals Against Writ Petition Order in Co-operative Sugar Factory Dispute — Appeals involve allegations of mismanagement, enquiry under Section 83 of Maharashtra Co-operative Societies Act, 1960, and liquidation proceedings.

15 Jan 2010

The High Court of Judicature at Bombay, Nagpur Bench, heard two Letters Patent Appeals (No. 197 of 2009 and No. 239 of 2009) arising from Writ Petitio...

High Court

Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

5 Oct 2012

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

22 Apr 2021

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

High Court

Bombay High Court considered writ petition challenging MSME Facilitation Council award and constitutional validity of Section 16 of MSMED Act. Petitioner contended council lacked jurisdiction and award invalid due to missing signature of Chairman.

4 Oct 2021

The writ petition arose from a contractual dispute between JSW Steel Ltd. (formerly Ispat Metallics India Ltd.) as petitioner and Kamlakar V. Salvi, p...

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