Search Results for "Execution petition maintainability"

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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Not mentioned (judgment text incomplete; final verdict not provided)

The writ petition filed before the Bombay High Court challenged the order dated 5 October 2021 passed by the District Deputy Registrar (Cooperative So...

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Bombay High Court Allows Wife's Petition Challenging Maintainability of Second Divorce Petition Filed by Husband During Pendency of Earlier Proceedings. Family Court's Order Rejecting Objection to Maintainability Set Aside on Grounds of Res Judicata and Abuse of Process.

The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 pa...

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Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...