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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — No Error Apparent on Face of Record. Court holds that review cannot be used as an appeal and that the arbitrator's appointment under Section 11 of the Arbitration and Conciliation Act, 1996 is not subject to review on merits.

The petitioners, Roptonal Ltd (formerly Indian Film Company (Cyprus) Ltd) and Viacom 18 Media Pvt. Ltd., filed a review petition in the Bombay High Co...

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Bombay High Court Dismisses Builder's Suit for Specific Performance of Redevelopment Contract Against Cooperative Society. Expression of Interest Held Not a Binding Contract, No Obligation to Accept Highest Bid.

The plaintiff, Gopi Gorwani, a builder and developer, filed a suit against Ideal Cooperative Housing Society Limited and others seeking a declaration ...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 in Dispute Over Plot Allotment for Hotel Construction. Dispute arose from non-payment of balance lease premium and alleged failure to achieve milestones by CIDCO.

The petitioner, Discovery Properties & Hotels Pvt. Ltd., filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

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Bombay High Court Allows Appeal Against Ad-Interim Injunction on Ground of Want of Pecuniary Jurisdiction — Suit Valuation Dispute Under Section 6 of the Bombay Court Fees Act, 1959

The case involves an appeal filed by Zuberahmed Maqbool Ansari (original Defendant No.2) against an ad-interim order dated 24.09.2020 passed by a lear...