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Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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High Court of Judicature at Bombay Hears Appeal Against Company Law Board Order in Oppression and Mismanagement Petition. Company Appeal No.19 of 2009 Challenges CLB's Findings on Reduction of Shareholding, Removal of Director, and Valuation of Land Under Sections 397 and 398 of the Companies Act, 1956.

The case involved a dispute between shareholders of Pantheon Infrastructure Pvt. Ltd., a company formed to acquire and develop a 13-acre property in M...

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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...