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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Dismisses Section 11 Application for Appointment of Arbitrator in Coal Supply Dispute Due to Absence of Arbitration Agreement in Purchase Orders. Tax Invoices with Arbitration Clause Not Binding as They Were Unilateral and Not Accepted by Respondent.

The applicant, Hitesh Coal Traders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbi...

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High Court of Karnataka Allows Appeals by Cooperative Society Against Rejection of Plaints in Suits for Permanent Injunction — Dispute Over Title to Property Requires Full Trial, Not Summary Rejection Under Order 7 Rule 11 CPC.

The appellant, Dattaprasad Cooperative Society Ltd., filed four Regular First Appeals against the judgment and decree dated 27.02.2006 passed by the V...

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Bombay High Court Partially Sets Aside Arbitral Award in Cooperative Bank Dispute for Exceeding Jurisdiction Under MSCS Act and Arbitration Act. Arbitrator's Directions Against Employer and Appointment of Receiver Held Impermissible.

The petitioner, Mr. Ratansi R. Gada, a principal borrower from Abhyudaya Cooperative Bank Ltd., challenged an arbitral award passed by an arbitrator a...

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Bombay High Court Dismisses Appeal in Arbitration Execution Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Court holds that arbitration agreement entered into before 1996 Act came into force is governed by the 1940 Act, and award must be filed in court for enforcement under that Act.

The appellant, M/s. Radhey Shyam Associates, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court...

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Bombay High Court Dismisses Appeal in Arbitration Enforcement Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Contractor's Award for Road Construction Work Held Unenforceable as Arbitration Was Governed by Arbitration Act, 1940 and Award Was Not Made Rule of Court.

The appellant, M/s. Radhey Shyam Associates, a contractor, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bom...