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Bombay High Court Dismisses Cross Execution Applications in Share Sale Dispute, Holds Loan Included in Consideration. The court upheld the decree for specific performance of an email agreement, ruling that the loan amount of Rs.10,32,55,000/- was part of the Rs.36.75 crore consideration.

The case arises from a dispute between two groups, the Kotharis and the Agarwals, who were equal shareholders in a company called Special Ear, Nose an...

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Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...