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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Examines Arbitral Tribunal's Interim Order Directing Undertaking Against Alienation of Property. Arbitration Petition Filed Under Section 37 of the Arbitration and Conciliation Act, 1996 Challenging Order Under Section 17 in a Long-Pending Development Dispute.

The Arbitration Petition under Section 37 of the Arbitration and Conciliation Act, 1996 was filed challenging the Arbitral Tribunal's interim order da...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Petitions Seeking Mandamus to Enforce Lease Renewal Clause Against Central Railway. Clause 20.1 of Lease Agreement Does Not Confer Automatic Right of Renewal; Railway's Discretion to Invite Fresh Tenders Upheld.

The judgment concerns two writ petitions filed by Parcel Carriers (India) Pvt Ltd and Scorpion Express Pvt Ltd against the Union of India and Central ...

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High Court of Karnataka Dismisses Commercial Appeal in Arbitration Dispute — Upholds Arbitral Award Rejecting Claim for 2% Contract Value Without Work Execution. Claim for facilitation fee under MOU fails as appellant did not perform any work for the contract awarded to the joint venture.

The appellant, M/s. Pratibha Industries Limited, filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015, read with Section ...

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High Court of Karnataka Allows Appeal Under Section 37(1)(a) of Arbitration Act Against Rejection of Section 8 Application in Salary Recovery Suit. Employer's Application for Reference to Arbitration Allowed as Employment Contract Contained Arbitration Clause.

The respondent, Mohan Kumar Thakur, filed a suit for recovery of salary dues and other amounts totaling Rs. 66,13,717/- with interest against his empl...

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ARBITRATION PETITION NO.549 OF 2013

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