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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...

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Bombay High Court Dismisses Application to Vacate Interim Injunction in Development Agreement Dispute. Plaintiff's Readiness and Willingness Not Shown to Be Lacking Due to Defendant's Own Conduct Under Order XXXIX Rule 4 CPC.

The Bombay High Court dismissed an application filed by defendant No.1A (Vivek Madhavlal Pittie) seeking vacation of an interim injunction granted on ...

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Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...

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Bombay High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for specific performance of an agr...