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Madras High Court Dismisses Appeal by Plaintiff in Suit for Recovery of Money Due to Lack of Sufficient Evidence. Partnership Firm's Claim for Fabric Supplies Fails as Plaintiff Could Not Prove Exact Amount Due.

Textile Connection, a partnership firm, filed C.S.No.29 of 2000 seeking a decree for Rs.39,67,144 with interest at 24% per annum from the defendants, ...

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Bombay High Court Allows Petition Challenging Liability for Pre-Sale Property Tax Arrears After Sale of Property. Transferor Not Liable for Taxes Accruing After Transfer Under Maharashtra Village Panchayats Act, 1959.

The petitioner, Vishal Laxman Sakhare, filed a writ petition challenging an order of the Additional Divisional Commissioner, Pune, which reversed the ...

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Madras High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Against Non-Signatory. Group of Companies Doctrine Not Applicable Without Evidence of Mutual Intention to Bind Non-Signatory Under Sections 47-49 of Arbitration and Conciliation Act, 1996.

The appellant, LSS Ocean Transport DMCC, a UAE company, filed an appeal under Section 13(1) of the Commercial Courts Act and Section 50 of the Arbitra...

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Madras High Court Allows Appeal in Part in Foreign Award Enforcement Case, Remands for Consideration of Group of Companies Doctrine. The court held that the group of companies doctrine may bind a non-signatory to an arbitration agreement if there is commonality of interest and involvement in the contract.

The appellant, LSS Ocean Transport DMCC, a company incorporated in UAE, filed an appeal against an order dated 16.10.2023 in Arb.O.P.No.(Comm.Div.) 19...

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Madras High Court Considers Application to Vacate Section 9 Interim Injunction in Scrap Contract Dispute. Jurisdictional Objection Based on Seat of Arbitration at Bhavnagar, Gujarat, and Allegations of Suppression of Material Facts Raised.

The case involved an application under Section 9 of the Arbitration and Conciliation Act, 1996 before the Madras High Court. The applicants, M/s.Gosea...

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Bombay High Court Allows Recovery Suit in Hire Purchase Agreement Case — Plaintiff Entitled to Outstanding Instalments and Damages. Breach of Contract by Defendant No.1 and Guarantor Liability of Defendant No.2 Established Under Hire Purchase Agreement.

The plaintiff, Tata Engineering & Locomotive Co. Ltd., filed a suit for recovery of Rs. 72,311/- with interest on the principal amount of Rs. 63,677/-...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...