Search Results for "Order XXI Rule 105"

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Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

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High Court of Judicature at Bombay Hears Customs Appeals on Domestic Clearance of Duty-Free Input Products Under Advance Authorizations. Core Issue Whether Tribunal Correctly Interpreted Foreign Trade Policy 2004-2009 Paras 4.1.3 and 4.1.5 to Permit Domestic Sales Before Export Obligation Fulfillment.

The High Court of Judicature at Bombay heard a batch of 17 customs appeals filed by various companies and individuals against three Commissioners of C...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...