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Bombay High Court Allows Section 11 Application Without Clause 12 Leave in Arbitration Dispute Over Pharmaceutical Supply Agreement. Court Holds That Section 11 Application Is Not a Suit and Leave Under Clause 12 of Letters Patent Is Not Required When Cause of Action Arises in Mumbai.

The applicant, VHB Life Sciences Limited, filed an application under section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Allows Appeal Against Rejection of Counter Claim in Specific Performance Suit. Counter Claim Filed Within Limitation Period as Cause of Action Arose from Termination of Agreement and Filing of Suit.

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 24 November 2006, which allowed a motion for rejection of a co...

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Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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Bombay High Court Dismisses Revision Against Eviction Decree in Leave and License Dispute — Licensee Bank Held Not Entitled to Protection Under Maharashtra Rent Control Act After License Expiry.

The applicants (original plaintiffs) were owners of a building at Turner Road, Bandra, Mumbai. They executed a leave and license agreement with the re...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...