Search Results for "commercial execution petition"

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Search Results for "commercial execution petition"

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High Court

Bombay High Court Dismisses Judgment Debtor's Application to Set Aside Consent Decree in Commercial Execution — Consent Decree Not a Nullity Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That Undertakings Given to Court Cannot Be Unilaterally Withdrawn and Execution Proceedings Are Continuation of Suit.

13 Jul 2018

The case involves a Chamber Summons filed by the original Judgment Debtor No.2 (Firoz A Nadiadwala) and his proprietary firm Base Industries Group see...

High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

High Court

Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

2 Jun 2023

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...

High Court

Bombay High Court Allows Transfer of Arbitration and Execution Proceedings to Principal District Judge Nagpur by Consent. Parties Agree Not to Raise Objections Under Arbitration Act or Commercial Courts Ordinance, 2015.

1 Aug 2018

The petitioner, M/s. Kandla Cargo Handlers, challenged an order dated 27.6.2018 passed by the learned Principal District Judge, Nagpur, which granted ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

15 Oct 2024

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

Supreme Court

Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

1 Jan 2020

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

High Court

Bombay High Court Adjudicates Winding Up Petition Under Companies Act, 1956 – Default in Repayment of Secured Facilities Allegedly Renders Respondent Unable to Pay Debts. Petitioner Bank Seeks Winding Up and Appointment of Provisional Liquidator After Respondent Defaults on Short-Term Loan and Letters of Credit.

14 Feb 2017

The case concerned a company petition for winding up under the Companies Act, 1956, instituted by IDFC Bank Limited, a creditor, against M/s.Ruchi Soy...

High Court

Bombay High Court Allows Production of Additional Documents in Commercial Summary Suit Under Order XI Rule 5 CPC — Inadvertence and Lack of Coordination Constitute Reasonable Cause. The Court held that the Plaintiff established reasonable cause for non-disclosure of balance sheets and emails that were referred to in the plaint and evidence but not annexed, and permitted their production subject to costs.

3 Feb 2025

The Plaintiff, Saffron Developers Pvt. Ltd., filed a Commercial Summary Suit (No. 113 of 2019) against Premchand Resorts and Apartments and others for...

High Court

Bombay High Court Division Bench Admitted and Heard Commercial Arbitration Appeal Challenging Single Judge's Refusal to Enforce Three Foreign Arbitral Awards Under Section 50 of Arbitration and Conciliation Act, 1996. Appeal Involves Enforcement Against Non-Signatory Related Companies and Alleged Asset Diversion Through Demerger Schemes to Defeat Execution of ICC London Awards Totaling Over USD 20 Million.

30 Dec 2025

The appeal originated from a dispute between Imax Corporation (appellant) and E-City Entertainment (I) Pvt. Ltd. (first respondent) arising from a Mas...

High Court

Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

13 Jan 2026

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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