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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Supreme Court Grants Leave to Appeal Against High Court Order Affirming Removal of Mathadhipathi under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987. Leave granted in SLP against dismissal of challenge to removal based on enquiry report finding charges proved.

The appeal arose from the removal of the Mathadhipathi of Sri Swamy Hathiramji Mutt, Tirupati, under the Andhra Pradesh Charitable and Hindu Religious...

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Bombay High Court Grants Summary Judgment in Favor of Builder/Promoter in Summary Suit for Recovery of Maintenance Charges Under MOFA Agreement. Defendant's Failure to File Reply to Summons for Judgment Leads to Decree for Claimed Amount with Interest.

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries, for recovery of alleged m...

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Bombay High Court Allows Writ Petition Challenging Railway's Refusal to Grant NOC for Redevelopment of Cooperative Housing Society. Held that Railway land vests in the President of India and the Railway has no authority to demand NOC for redevelopment on land owned by MHADA.

The petitioners, Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. and M/s. Nisar Properties Pvt. Ltd., filed a writ petition und...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute. Court upholds arbitrator's findings on limitation and quantum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 20 February 2009 passed by a s...

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High Court of Karnataka Appoints Arbitrator in Commercial Lease Dispute — Failure to Nominate Arbitrator Despite Arbitration Clause. Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, where a party fails to appoint an arbitrator, the court may appoint one.

The petitioner, Satyam Cineplexes Limited, a company engaged in managing multiplex cinema halls, entered into a Memorandum of Understanding (MOU) on 1...

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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...