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Bombay High Court Hears Interim Application in Redevelopment Dispute – Plaintiff Seeks Eviction of Remaining Occupants under Development Agreement. Court Addresses Whether Non-Cooperating Occupants Can Be Compelled to Vacate Pending Suit Where Majority Have Already Vacated.

This matter arises from an interim application filed by the plaintiff, Ambit Life Style Homes LLP, in a suit for enforcement of a registered developme...

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Bombay High Court Disposes of Four Petitions Under Section 9 of Arbitration Act by Common Order. Interim Measures Sought by Financing Company Against Borrower and Guarantor for Default in Loan Repayments Secured by Hypothecated Equipment.

L&T Finance Limited, a company registered under the Companies Act, 1956, filed four petitions under Section 9 of the Arbitration and Conciliation Act,...

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Bombay High Court Dismisses Revision Application as Not Maintainable in Civil Suit for Injunction — Order Refusing Temporary Injunction Is Appealable Under Order 43 Rule 1(r) CPC. Revision Under Section 115 CPC Is Not Maintainable When an Alternative Remedy of Appeal Exists.

The present Civil Revision Application was filed by the applicants, Babybai w/o Skharam Pardeshi and Madansingh s/o Dharamsingh Pardeshi, against the ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit. Adding Relief of Specific Performance Does Not Change Nature of Suit as Both Arise from Same Cause of Action Under Order VI Rule 17 CPC.

The petitioner, Harish Alimchandani, defendant no.1 in Special Civil Suit No.11 of 2010, challenged the order of the Civil Judge (Senior Division), Wa...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judg...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Grants Injunction Against Continued Use of Trademarks After Licence Expiry — Passing Off Action Maintainable by Partnership Firm Against Company Promoted by Partners. Licence Expiry Terminates Right to Use Trademarks; Injunction Granted Without Appointment of Receiver.

The plaintiffs, M/s. American Dry Fruit Stores (a partnership firm) and its partners Kishor H. Thakkar and Dilip H. Thakkar, filed a suit against ADF ...

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High Court of Karnataka Allows Withdrawal of Divorce Petition with Liberty to File Fresh Petition Under Order 23 Rule 1 CPC. Family Court's Dismissal of Withdrawal Application Set Aside as Irrational.

The petitioner, R. Harish, filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, in the Family Court at Kolar, seeking dissolutio...