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Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

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Bombay High Court Rules in Admiralty Jurisdiction Case: Cockette Marine Oil vs. OSV Beas Dolphin. Court Rejects Summary Judgment Amidst Insolvency Proceedings, Highlights Impact of IBC Moratorium on Maritime Claims.

The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV ...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

The petitioner, Rajuram Sawaji Purohit, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set a...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Amounts Based on Bills of Exchange. Disputed Questions of Fact Regarding Repayment and Interest Rates Require Trial Under Order XXXVII CPC.

The judgment concerns two Commercial Summary Suits filed by a mother (Kavita G. Rajani) and her son (Gautam G. Rajani) against a common defendant, Sam...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiffs in Leave and License Dispute — Defendant's Unconditional Appearance Precludes Leave to Defend. The Court held that the Defendant failed to raise any triable issues and was not entitled to leave to defend under Order XXXVII CPC.

The Plaintiffs, M/s. Mangla International Pvt. Ltd. and others, filed a Summary Suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908, a...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Loan Recovery Suit Based on Written Contracts and TDS Certificate. Loan advanced under written agreements and TDS certificate issued by defendant establishes debt; defendant's defence of no written contract rejected as moonshine.

The plaintiff, Mohandas I. Chatlani, filed a summary suit against the defendant, Varad L. Ullal, for recovery of Rs.72,68,750/- with interest. The sui...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC.

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises...