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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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High Court of Bombay Dismisses Sole Executrix in Probate Petition Under Indian Succession Act Over Will's Validity. Failure to Prove Execution Under Section 68 of Evidence Act and Suspicious Circumstances Found Including Testator's Ill Health and Exclusion of Sons.

The litigation originated from an application for probate of an alleged will executed by Edakuda Panankandiyil Narayana Kurup, who passed away on 4 Se...

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Bombay High Court Dismisses Petition Challenging Tender Condition Requiring Minimum Net Worth of Rs. 100 Crore for RTA Empanelment. Condition Held Not Arbitrary or Discriminatory as It Serves Legitimate Purpose of Ensuring Financial Stability and Capacity to Handle Large Volume of Shareholder Data.

The petitioner, Alankit Assignments Limited, a company providing Registrar and Share Transfer Agent (RTA) services, challenged a tender condition issu...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Media Agency Contract Dispute. Rejects Limitation Objection as Not Ex-Facie Time-Barred, Holding That Limitation Is a Mixed Question of Fact and Law to Be Decided by the Arbitrator.

The applicant, TLG India Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Under Section 11 of Arbitration and Conciliation Act, 1996 — Unilateral Appointment Clause Not Barred as Respondent Failed to Respond to Invocation Notice.

The petitioner, Uttam Energy Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral...

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Bombay High Court Grants Unconditional Leave to Defend in Commercial Summary Suit for Recovery of Rs.1 Crore Based on Negotiable Instrument. Triable Issues Raised Regarding Consideration and Liability of Defendants Under Order XXXVII CPC.

The plaintiff, Parag Jyotindra Gandhi, filed a commercial summary suit against the defendants, Jayant Narendra Mehta and Others, to recover a sum of R...