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Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...

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Bombay High Court Allows Second Appeal in Part, Sets Aside Interest Award in Loan Recovery Suit. No Agreement for Interest Existed Between Parties, Hence Interest Cannot Be Awarded Under Section 34 CPC or Interest Act.

The case involves a second appeal filed by the original defendants against a decree for recovery of money. The respondent/plaintiff had filed a suit f...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Supreme Court Upholds Revenue Authorities' Search and Seizure Under Section 132 of Income-tax Act, 1961. Bona Fide Exercise of Power Not Vitiated by Mere Irregularities or Error in Seizing Some Irrelevant Documents.

The case arose from search and seizure operations conducted under Section 132 of the Income-tax Act, 1961 at the premises of M/s. Seth Brothers, who c...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Service Agreement Dispute. Court holds that an arbitral award granting refund of mobilization advance and damages for breach of contract does not warrant interference under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hind Offshore Private Limited, filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order d...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

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Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...