Search Results for "conciliation under CPC"

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

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High Court Quashes Order in Section 34 Arbitration Application Due to Lack of Notice to Claimants. Failure to Issue Notice to Opposite Party Before Passing Order Under Section 34 of Arbitration and Conciliation Act, 1996, Violates Principles of Natural Justice.

The petitioners, legal representatives of late Shivarama Gujjal, filed a writ petition under Articles 226 and 227 of the Constitution of India challen...

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Bombay High Court Dismisses Petition by Aakash Educational Services Limited Challenging Arbitral Award — Court Upholds Arbitral Tribunal's Findings on Factual Issues and Contract Interpretation Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Aakash Educational Services Limited, filed two writ petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challengi...

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High Court of Bombay at Goa Dismisses Petition Challenging Amendment of Section 34 Arbitration Petition — Delay in Filing Amendment Not Fatal as Amendment Only Clarified Existing Grounds Without Causing Prejudice.

The petitioner, Inox Leisure Limited, challenged an order dated 07/09/2013 passed by the Principal District Judge, Panaji, which allowed an amendment ...

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High Court of Bombay at Goa Quashes Roznama Entry Dismissing Arbitration Suit in Absence of Signed Judgment. Failure to Comply with Sections 33 and Order XX Rules 1 and 2 CPC Renders Pronouncement Invalid, Directs Fresh Hearing on Merits.

The petitioner, M/s Karnataka Cement Pipes Factory Eng. and Contractors, filed a writ petition before the High Court of Bombay at Goa challenging a Ro...

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Supreme Court Allows Appeal in Arbitration and Specific Relief Act Case — Dispute Over Development Agreement Held Arbitrable Despite Prayer for Cancellation of Agreement. Action under Section 31 of Specific Relief Act, 1963 is not in rem and does not bar arbitration.

The present appeal arises from a civil suit filed by the respondent-plaintiff against the appellant-defendant. The respondent claimed ownership of a s...