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Bombay High Court Upholds Status Quo Order in Property Dispute Between Gram Panchayat and Steel Merchants Association. Appellate Court's Direction to Maintain Status Quo Pending Suit Upheld as Balance of Convenience Lies in Preserving Subject Property.

The petitioner, Gram Panchayat Kapsi Khurd, was the original defendant in a suit filed by the respondent, Steel Merchants Association. The respondent ...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trust Property Dispute. Appellants failed to establish prima facie case and balance of convenience for injunction regarding trust property.

The appellants, who were plaintiffs in Special Civil Suit No.153 of 2008 before the 4th Joint Civil Judge (Sr.Dn.), Amravati, filed an appeal against ...

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Bombay High Court Allows Appeal Against Revision of Interim Injunction in Specific Performance Suit — Agreement Holder's Right to Protect Suit Property Upheld. The court restored status quo ante to prevent alienation of suit property pending final adjudication of the specific performance claim.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell agricultural land dated 18.10.2000, modified on 27.2.2007, for a...

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Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...

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Bombay High Court Grants Injunction Against Franchisee in EuroKids Trademark Dispute — Franchise Agreement Terminated Due to Non-Payment of Royalty and Breach of Terms. Court Restrains Respondent from Using Petitioner's Trademarks and Operating as Franchisee Pending Arbitration.

The petitioner, EuroKids International Private Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, s...

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Bombay High Court Allows Appeal Against Refusal of Interim Injunction in Specific Performance Suit — Agreement Holder with Substantial Payment and Possession Entitled to Protection. Prima Facie Case Established Under Order 39 Rules 1 and 2 CPC for Injunction to Maintain Status Quo Pending Trial.

The appellant, M/s. Heera Laxmi Contractors Pvt. Ltd., filed a suit for specific performance of an agreement to sell agricultural land and for permane...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Action. Plaintiff's prior adoption and use of 'HOM' as acronym for 'House Of Mandarin' in restaurant services established, and defendant's adoption found not honest.

The plaintiff, Indian Express and Commercial Ventures and Projects Private Limited, filed a suit for trademark infringement and passing off against Fu...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Order Refusing Interim Relief in Development Agreement Dispute. Court Upholds Trial Court's Discretion in Refusing Injunction Where Balance of Convenience Favored Status Quo and No Irreparable Loss Was Shown.

The appellant, Villa Realcon LLP, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated September...