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High Court of Bombay Dismisses Winding Up Petition for Lack of Service of Statutory Notice Under Section 434 of Companies Act, 1956. Petitioner Failed to Prove Respondent's Inability to Pay Debts as Statutory Notice Not Served at Registered Office.

The petitioner, Store One Retail India Ltd., filed a company petition under the Companies Act, 1956 seeking winding up of the respondent, Waterfall In...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

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Bombay High Court Dismisses Guarantor's Challenge to Ex-Parte Arbitral Awards in Favor of Tata Capital Financial Services Limited. Lack of Proper Service and Limitation Barred Setting Aside of Awards Under Section 34 of the Arbitration and Conciliation Act, 1996.

The judgment concerns four arbitration petitions filed by Sawarmal Gadodia, a guarantor, challenging ex-parte arbitral awards passed against him in fa...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute — Upholds Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court holds that challenge to award on merits is not permissible and that the arbitrator's findings are final on facts and law.

The Kolhapur Municipal Corporation (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitra...

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Bombay High Court Dismisses Winding Up Petition in 50:50 Joint Venture Due to Availability of Buy-Out Remedy. Loss of mutual trust and confidence does not automatically justify winding up under Section 433(f) of the Companies Act, 1956 when one party is willing to purchase the other's shares.

The petitioner, Severn Trent Water Purification Inc, filed a winding up petition under Section 433(f) of the Companies Act, 1956 against Capital Contr...

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Bombay High Court Dismisses Caveat in Probate Case Due to Lack of Caveatable Interest. Attesting Witness's Son Cannot Challenge Will When Father Had Attested It Voluntarily.

The case involves a probate petition filed by the executors of the last Will and testament of Khimjee Thakkar, a bachelor. The Will was attested by Ba...