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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

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Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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CONTEMPT PETITION NO.2 OF 2015

The petitioner filed a contempt petition alleging willful disobedience of a direction in an order dated 21.10.2013, passed in Company Application (L) ...

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High Court of Karnataka Dismisses Writ Petition Challenging Dismissal of Arbitration Suit for Non-Compliance of Court Order. Petitioner Failed to Pay Costs as Directed, Leading to Dismissal Under Order IX Rule 8 CPC.

The petitioner, M/s Crompton Greaves Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 2...

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High Court of Bombay Hears Appeal Against Company Law Board Orders Refusing to Enforce Settlement Under Section 634A of Companies Act, 1956. The appeal challenged the binding nature of an order recording broad settlement when consent terms were unsigned and third-party interests were involved.

The appeal arose from two orders of the Company Law Board (CLB) dated 2 July 2004 and 13 September 2004, which held that an earlier CLB order dated 29...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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High Court of Karnataka Hears Challenge to Arbitrator's Interlocutory Order on Summoning of Documents. Court Considers Maintainability of Writ Petitions Against Interlocutory Orders Under Articles 226 and 227 in Light of SBP & Co. v. Patel Engineering.

The dispute arose between Dodballapur Integrated Textile Park Limited and the claimants, Vinod G. Jain and Premalatha G. Jain, under a sub-lease agree...