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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

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Bombay High Court Dismisses Appeal in Family Property Dispute — Plaintiff's Possessory Rights Upheld Based on Agreement and Expenditure. Court held that the plaintiff had established his right to occupy the suit premises based on a family arrangement and his contribution to construction costs.

The case involves a family dispute between a mother (defendant No.1) and her son (plaintiff) over possession of a bungalow. The plaintiff, a doctor, r...

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Bombay High Court Grants Injunction Against Continued Use of Trademarks After Licence Expiry — Passing Off Action Maintainable by Partnership Firm Against Company Promoted by Partners. Licence Expiry Terminates Right to Use Trademarks; Injunction Granted Without Appointment of Receiver.

The plaintiffs, M/s. American Dry Fruit Stores (a partnership firm) and its partners Kishor H. Thakkar and Dilip H. Thakkar, filed a suit against ADF ...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...