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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award on Liquidated Damages. Court Holds That Arbitrator's Findings on Delay and Deduction of Liquidated Damages Were Plausible and Not Perverse, Setting Aside Single Judge's Order Under Section 34.

The case arises from a construction contract between Raheja Universal Pvt. Limited (appellant) and B.E. Billimoria & Co. Limited (respondent) for a pr...

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Bombay High Court Dismisses Appeal Against Probate Granted to Executors of Will — Will Proved in Manner Required by Section 63 of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872

The appeal arose from a probate proceeding concerning the Will of Purvez Burjor Dalal, a Parsi who died on 7th December 2011. The appellant, Manek Dar...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit for Want of Jurisdiction in Contract Dispute Involving Foreign Company. Court Holds That No Cause of Action Arose Within Territorial Jurisdiction of Nagpur Court Under Sections 15 to 20 of the Code of Civil Procedure, 1908.

The appellant, M/s. Gupta Coal India Private Limited, a company registered under the Companies Act, 1956 and having its registered office in Nagpur, f...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Telecom Billing Dispute — Claim Barred by Section 15 of TRAI Act, 1997. Counterclaim for unpaid bills upheld with 12% interest as petitioner failed to challenge tariff orders before TRAI or Appellate Tribunal.

The petitioner, M/s. Kansan Communications Pvt. Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, ch...