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Search Results for "receiver appointment"

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High Court

Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

26 Jul 2010

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case — Lender Entitled to Interim Measures to Secure Repayment of Outstanding Amount. The court held that where a borrower defaults and the loan agreement provides for repossession, the lender is entitled to interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, including appointment of receiver and injunction to prevent alienation of assets.

18 Dec 2013

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures agains...

High Court

Bombay High Court Dismisses Section 9 Petition for Appointment of Court Receiver in Partnership Dispute — Petitioner Failed to Establish Strong Prima Facie Case for Interim Relief. Court held that disputes regarding partnership accounts and alleged mismanagement must be resolved through arbitration, not by appointing receiver at interim stage.

22 Aug 2014

The petitioner, Minochar @ Minoo Aspandyar Irani, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

16 Sep 2010

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

High Court

High Court of Karnataka Allows Appeal in Partnership Dispute Over Appointment of Receiver. Court sets aside order appointing receiver for partnership firm M/s Sea Line Trading, holding that the trial court failed to consider the balance of convenience and the fact that the appellant was a partner in possession of the firm's assets.

8 Apr 2026

The case involves a commercial appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Order 41 Rule 1 of the CPC, challenging ...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Developer Granted Interim Relief to Take Possession of Tenements from Non-Cooperating Members Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

22 Dec 2016

The Petitioner, M/s. R.R.B. Realtors Pvt. Ltd., a real estate developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 199...

High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit — Modifies Interim Order to Protect Plaintiffs' Interest Against Fraudulent Builder. Court Holds Subsequent Purchaser as Bona Fide Purchaser Without Notice, Directs Royalty Recovery from Original Vendor with Interest If Plaintiffs Succeed.

10 Aug 2011

The appeal before the Bombay High Court arose from a suit for specific performance of a flat purchase agreement. The plaintiffs (appellants) had enter...

High Court

Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Appointment of Court Receiver. Court holds that appointment of a Court Receiver to take possession of secured assets without considering the balance of convenience and irreparable loss is not warranted under Section 9 of the Arbitration and Conciliation Act, 1996.

26 Sep 2023

The present appeal impugned an order dated 31st August 2023 passed by the Learned Single Judge in a Commercial Arbitration Petition filed by Responden...

High Court

Bombay High Court Dismisses Appeal Against Appointment of Receiver in Arbitration Dispute — Default in Loan Repayment Justifies Interim Protective Orders Under Section 9 of Arbitration and Conciliation Act, 1996. The court upheld the Single Judge's order appointing a Receiver over hypothecated assets and granting protective relief pending arbitration, as the appellants admitted default of Rs.1,79,47,125.49 and failed to seek any protective orders.

9 Feb 2016

The case involves an appeal filed by Jai Hind Projects Ltd and others (appellants) against an order dated 19 November 2014 passed by a learned Single ...

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