Search Results for "Prothonotary order"

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Search Results for "Prothonotary order"

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High Court

Bombay High Court Dismisses Stay Application in Arbitration Award Challenge — No Prima Facie Case Made Out for Unconditional Stay Under Section 36(3) of Arbitration Act. The court held that the applicant failed to demonstrate a prima facie case, balance of convenience, or irreparable loss required for stay of an arbitral award under Section 36(3) of the Arbitration and Conciliation Act, 1996 read with Order XLI Rule 5 CPC.

16 Dec 2016

The applicant, M/s. PFS Shipping (India) Limited, filed a Notice of Motion seeking unconditional stay of an arbitral award dated 30th April 2016, pend...

High Court

Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

5 Jan 2018

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Bank Dispute Over Loan Facility Breach. Arbitration Clause in Hypothecation Agreement Invoked Despite Respondent's Objections Regarding Limitation and Non-Arbitrability.

3 Mar 2023

The applicant, Mantras Green Resources Ltd., a company incorporated under the Companies Act, 1956, engaged in environmental conservation, availed a lo...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Recovery of Salary and Perks Under Order XXXVII CPC — Disputed Employment Contract Raises Triable Issues. Court Held That Defendant Raised Triable Issues Regarding Terms of Appointment, Termination, and Quantum of Claims Under Offer of Appointment Dated 6th February 2008.

19 Jun 2012

The plaintiff, Dr. K.D. Mehru, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against M/s. Cosmos Brands Distributors P...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit Based on Conducting Agreement — Triable Issues Raised Regarding Dishonour of Cheques and Breach of Contract. Court Held That Defendant Raised Triable Issues Including Whether Cheques Were Towards Security or Payment, and Whether Plaintiff Committed Breach of Contract Under Order 37 of Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Goculdas Dossa & Company, a registered partnership firm, filed a summary suit against the defendant, Kirtikumar Mulji Thakkar, sole pro...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit for Construction Payment — Triable Issues Raised Regarding Existence of Contract and Quantum of Work Done. The court held that denial of contract and disputed bills constitute triable issues entitling defendant to unconditional leave to defend under Order 37 CPC.

17 Aug 2012

The plaintiff, Mohammed Arif Akbar Hussain, filed a summary suit against M/s. A.R. Enterprises and others for recovery of Rs.1,29,00,383/- with intere...

High Court

Bombay High Court Dismisses Summons for Judgment in Summary Suit Based on Dishonoured Cheque and Guarantee — Triable Issues Raised Regarding Authority and Fraud. The court held that the defendants raised substantial triable issues including lack of authority and fraud, entitling them to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

23 Aug 2012

The plaintiff, Ashapura Aluminum Limited, filed a summary suit against the defendants, including Jayesh Nagindas Doshi, based on a dishonoured cheque,...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Arbitration Clause in Works Contracts Held Valid and Disputes Referable to Arbitration.

25 Jun 2019

The applicant, Gold Prism Realty Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment o...

High Court

Bombay High Court Dismisses Stay of Arbitral Award in Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Stay Made Out as Petition Already Admitted and No Irreparable Harm Shown.

22 Oct 2019

The applicant, Chetan R. Shah, filed a notice of motion seeking stay of an arbitral award dated 27th March, 2017, pending the disposal of his arbitrat...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Electricity Transmission Contract Dispute. Court upholds majority award granting escalation costs and interest to contractor for delays caused by principal.

8 Nov 2019

The petitioner, Maharashtra State Electricity Transmission Co. Ltd., challenged a majority arbitral award dated 6 January 2017 under Section 34 of the...

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