Search Results for "interlocutory order challenge"

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Search Results for "interlocutory order challenge"

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High Court

Bombay High Court Rejects Plaint in Commercial Summary Suit for Non-Compliance with Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. The court held that the plaintiff failed to demonstrate genuine urgency to bypass mandatory pre-institution mediation, as the suit sought recovery of development management fees and security deposit without any specific instances of imminent threat.

11 Nov 2024

The plaintiff, Ekta Housing Private Limited, filed a Commercial Summary Suit against Shraddha Shelters Pvt. Ltd. and two individual guarantors for rec...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interlocutory Orders, Upholding Minimal Judicial Intervention in Arbitration. Article 227 of the Constitution of India cannot be invoked to challenge procedural orders during ongoing arbitration proceedings.

25 Mar 2019

The petitioner, M/s Space Wood Office Solution Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging two interlo...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Property Partition Suit — No Prima Facie Case or Irreparable Loss Established. Court upholds Single Judge's finding that appellant failed to demonstrate exclusive ownership or possession of suit property, and balance of convenience did not favor grant of injunction.

1 Apr 2022

The appeal arose from an order dated 25th October 2021 passed by a learned Single Judge of the Bombay High Court dismissing the Appellant's Interim Ap...

High Court

Bombay High Court Quashes Revenue Tribunal's Order Automatically Vacating Stay in Land Dispute — Asian Resurfacing Principle Not Applicable to Revenue Tribunals Under Maharashtra Tenancy Act. The court held that the automatic vacation of interim stay after six months under Asian Resurfacing applies only to CPC and criminal proceedings, not to revenue tribunals under the Maharashtra Tenancy and Agricultural Lands Act, 1948.

18 Apr 2022

The petitioner, Devsing Ramchandra Chavan, filed a writ petition before the Bombay High Court challenging an order dated 23 June 2021 passed by the Ma...

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

22 Apr 2021

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

Supreme Court

Supreme Court Sets Aside High Court Order Permitting Recall and Reopening of Evidence in Civil Suit Due to Impermissible Filling of Lacunae. Recalling Witness Under Order XVIII Rule 17 CPC Cannot Be Used to Adduce Additional Evidence After Deletion of Rule 17A, Especially When Prior Admissions Exist.

4 Aug 2026

The dispute arose from a civil suit filed in 2010 seeking declaration of ownership and permanent injunction over certain properties. The appellant, de...

High Court

Bombay High Court Sets Aside Industrial Court's Interim Stay on Transfer Order for Lack of Reasons — Management's Transfer Power Upheld Subject to Fairness. Industrial Court Must Record Prima Facie Satisfaction Before Granting Interim Relief Under MRTU & PULP Act, 1971.

28 Aug 2012

The petitioner, Larsen and Toubro Limited, challenged an interlocutory order dated 26 July 2012 passed by the Industrial Court, Mumbai, which stayed t...

High Court

High Court of Karnataka Holds Appeal Maintainable Under Section 13(1A) of Commercial Courts Act Against Ex-Parte Mandatory Injunction in Copyright Infringement Suit. Trial Court’s Failure to Record Reasons for Dispensing Notice Before Granting Mandatory Injunction Under Order 39 Rule 3 CPC Challenged as Violative of Procedural Mandate.

8 Nov 2022

The appellant, Smt. Supriya Shrinate, the Chairperson of Social Media and Digital Platforms of the Indian National Congress, challenged an ex-parte or...

High Court

High Court of Bombay at Goa Dismisses Petitioners' Challenge to Homologation of Partition in Inventory Proceedings. Failure to Appeal Rejection of Objections to Auction Bid by Power of Attorney Renders Order Final, Precluding Challenge at Final Homologation Stage.

12 Aug 2013

The dispute arose out of inventory proceedings initiated upon the death of Paulo Bartholomeu Mendes, in which the petitioners claimed an interest thro...

High Court

Bombay High Court Allows Employees' Writ Petitions Against Industrial Court's Refusal to Register Revision Under Section 44 of MRTU & PULP Act. Industrial Court Cannot Reject Revision at Threshold on Ground of Interlocutory Order.

28 Nov 2013

The judgment concerns two writ petitions filed by employees challenging the refusal of the Industrial Court, Ahmednagar, to register their Revision (U...

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