Search Results for "Performance Deposit"

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Search Results for "Performance Deposit"

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High Court

Bombay High Court Allows Withdrawal of Court Deposits by Former Employee Despite Appellant's CIRP — Section 14 IBC Moratorium Does Not Bar Withdrawal of Pre-CIRP Deposits Made by Corporate Debtor. The court held that the deposit made by the corporate debtor as a condition for stay of execution is not an asset of the corporate debtor and is not covered by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

4 Jan 2023

The case involves an Interim Application filed by Rajendra Prasad Bansal (respondent in the First Appeal) seeking withdrawal of monies deposited by th...

High Court

Bombay High Court Dismisses Appeal by Judgment Creditor in Execution of Hong Kong Decree, Upholding Licensee's Right to Continue Occupation and Security Interest in Flat. Leave and License Agreement Creates a Charge and Right to Possession Until Security Deposit Refunded, Not Subject to Revocation Under Sections 59 and 60 of Indian Easements Act, 1882.

2 May 2006

The case involved an appeal against an order of a Single Judge who had allowed a Chamber Summons filed by Respondent No.2, ING Bank N.V., a licensee u...

High Court

High Court of Bombay Adjudicates Petitions Under Section 37 of Arbitration Act Against Interim Deposit Order. The Arbitral Tribunal Had Directed Joint and Several Deposit of Rs.190 Crores and Restraint on Property Alienation.

3 Jan 2019

The dispute arose from a Share Holders Agreement (SHA) dated 27 December 2012 and subsequent amendments between the Claimants (investors) and the Resp...

High Court

Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

1 Mar 2017

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

29 Apr 2021

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

High Court

High Court of Bombay Restrains Invocation of Bank Guarantee in Contract Dispute Due to Disputed Claims and Absence of Clear Forfeiture Clause. The court held that an unconditional bank guarantee can be restrained only in cases of fraud or irretrievable injustice, but where the guarantee is not encashed and the dispute is pending, interim protection can be granted to maintain status quo.

5 Nov 2020

The petitioner, M/s. Cipel, a construction company, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judi...

Supreme Court

Supreme Court Allows Vendor's Appeal, Dismisses Vendee's Suit for Specific Performance Due to Non-Payment of Rent. Payment of Customary Rent Held an Essential Term of Contract, Non-Performance Bars Discretionary Relief Under Section 16(c) of Specific Relief Act, 1963.

11 Sep 2019

The case involves an agreement to sell dated 13.05.1964 between Mohinder Kaur (vendor) and Bahadur Singh (vendee) for sale of land for Rs.5605/-, with...

Supreme Court

Supreme Court Upholds Specific Performance Decree in Land Sale Dispute — Plaintiff's Readiness and Williness Established Despite Delay in Deposit of Balance Consideration. The court affirmed that the defendant's failure to produce title documents and the plaintiff's deposit of balance consideration within extended time demonstrated the plaintiff's readiness and willingness under the Specific Relief Act, 1963.

9 May 2019

The appellant, Beemaneni Maha Lakshmi, purchased suit property admeasuring 17 acres 39 cents by a registered sale deed dated 6.10.1971. The land was s...

Supreme Court

Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

23 Jul 2019

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

High Court

High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

4 Feb 2014

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

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