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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Appellate Court Erred in Modifying Decree Without Cross-Appeal. Order of Refund of Earnest Money Restored as Appellate Court Could Not Set Aside Relief Granted to Plaintiff in Absence of Cross-Objection Under Order 41 Rule 22 CPC.

The appellant, Ghodganga Sakhar Karkhana, a registered cooperative society, filed a suit for specific performance of an agreement dated 12 August 1991...

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Bombay High Court Makes Arbitration Award Rule of Court in Favour of Petitioner Despite Pending Supreme Court Appeal. No Stay of Execution Obtained by Respondent, Award Enforceable Under Section 17 of Arbitration Act, 1940.

The petitioner, Bharat Petroleum Corporation Ltd., filed an Arbitration Petition under Section 17 of the Arbitration Act, 1940, seeking to make an arb...