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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association.

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction....

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Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

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Bombay High Court Dismisses Appeal in Passing Off Suit — Plaintiff Fails to Establish Proprietary Rights Over Trademark 'Suratee Tobacco Company'. The Court held that the plaintiff, as a partner, cannot claim exclusive ownership of the partnership trademark without proving dissolution and assignment.

The appellant, Syed Zakirali, filed a civil suit seeking a permanent injunction to restrain the respondents from passing off their goods as those of t...

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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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Bombay High Court Dismisses Second Appeal in Property Dispute Over Notice Under Section 478 of BPMC Act. Repair Work by Appellant Not Covered by Section 478 as It Was Not Urgent or Necessary for Safety.

The appellant, Ashok Ambadas Gangane, filed two second appeals against the respondents, M/s. Shubhamangal Builders and Others, and Pune Municipal Corp...