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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Injunction. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as it does not change the nature of the suit and causes no prejudice to the opposite party.

The petitioner, Basappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 11/02/2022 passed by...

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Bombay High Court Quashes Customs Assessment Orders for Violation of Natural Justice — Failure to Provide Hearing Before Finalizing Provisional Assessments Under Customs Act, 1962. The court held that admitted breach of natural justice warrants writ intervention despite alternative remedy.

The petitioner, Balaji Impex, filed a writ petition before the Bombay High Court challenging a communication from the Assistant Commissioner of Custom...

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Bombay High Court Upholds Validity of Section 145 CrPC Proceedings in Multi-Party Disputes and Successive Orders. The court held that Section 145 CrPC applies to disputes involving more than two parties and that successive orders are permissible if fresh material shows a new apprehension of breach of peace.

The case involves a group of writ petitions and intervention applications challenging the validity of proceedings under Section 145 of the Code of Cri...

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Bombay High Court Dismisses Petition Challenging Arbitral Tribunal's Procedural Order on Discovery — Section 34 of Arbitration and Conciliation Act, 1996, Does Not Permit Challenge to Procedural Orders, Only Final Awards.

The case involves a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by Tata Industries Limited and another against Gras...

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Bombay High Court Allows Impleadment of Partner in Suit by Firm Despite Non-Compliance with Order 30 Rule 4 CPC — No Amendment of Plaint Required for Adding Partner as Co-Plaintiff. Partner of a firm can be added as co-plaintiff without amending plaint as firm is not a separate legal entity.

The appellant, Manohar Kashinath Vyawahare, filed a Letters Patent Appeal against the order of the learned Single Judge dismissing his application for...

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Bombay High Court Directs Status Quo in Property Dispute Pending Suit Disposal. The Court continued an earlier status quo order and directed expeditious disposal of the suit by 31.12.2010.

The appeal from order arose from a civil suit concerning a property dispute. The appellants, Ravindra @ Ravi Kastia and others, were plaintiffs in the...