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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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Bombay High Court Dismisses Appeal Against Order Condoning Delay of 129 Days in Arbitration Petition. Benefit of Section 14 of Limitation Act Extended as Earlier Filing in Delhi Court Was Bona Fide Despite Lack of Territorial Jurisdiction.

The dispute arose from an arbitral award passed on 25 February 2014. The respondent, Globe Capital Market Ltd., challenged the award by filing an arbi...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Implead Legal Representatives in Partition Suit — Held That Application Under Order 22 Rule 4 CPC Was Not Maintainable as Defendant No.2 Was Already on Record and No Abatement Had Occurred

The petitioner, Sri Janardhana Suvarna, was Defendant No.2 in O.S.No.233/2016, a suit for partition and separate possession filed by Respondent No.1 (...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Allows Transfer of Section 34 Applications Under Arbitration Act from District Court to High Court for Consolidated Hearing. Transfer Ordered Under Section 24 CPC to Avoid Multiplicity of Proceedings and Conflicting Decisions in Arbitration Matters.

The applicant, Atlanta Limited, a public limited company, filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfe...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...