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Bombay High Court Allows Removal of Assets in Commercial Suit Despite Arbitration Clause — Interim Relief Granted Under Order 39 CPC. Trial Court Directed to Decide Interim Application on Merits Without Considering Maintainability Based on Arbitration Clause.

The petitioner, INOX Leisure Limited, filed a commercial suit against Indo Pacific Projects Limited seeking recovery of security deposit and permissio...

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High Court of Karnataka Allows Petition for Appointment of Arbitrator in Contract Dispute Between Construction Firm and HAL Under Section 11(6) of Arbitration and Conciliation Act, 1996. Both parties consented to appointment of arbitrator from panel of Arbitration Centre - Karnataka.

The petitioner, M/s V.K.A. Constructions Engineers & Contractors, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

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Bombay High Court Dismisses Petitioner's Section 34 Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Petitioner Failed to Prove Non-Service of Arbitral Award Sent by Registered Post.

The petitioner, Jasvinder Kaur, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 9...