Search Results for "notice under CPC"

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

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High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

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Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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High Court Dismisses Civil Revision Petition in Contract Dispute - Limitation Issue for Damages Suit Held to be Mixed Question of Law and Fact - Trial Court Order Rejecting Plaint Rejection Application Under Order VII Rule 11(d) CPC Upheld

The petitioner company challenged termination of contract dated 26.04.2012 through writ proceedings which were dismissed -- The respondents filed suit...