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High Court

Bombay High Court Allows Appeal Against Appointment of Court Receiver in Property Dispute — Appellant Not a Party to Agreement and Not in Possession, Receiver Appointment Set Aside. The court held that the learned Single Judge erred in appointing a receiver without considering that the appellant was a third party and not in possession of the suit property.

12 Sep 2023

The present appeal was filed by Rajaram Chavan Real Estate Pvt. Ltd. (the appellant), who was originally Defendant No.7 in a commercial suit, challeng...

High Court

Bombay High Court Allows Appeal Against Order for Possession of Bungalow in Execution of Consent Decree — Third Party Claim of Ownership Requires Proper Inquiry. Court Receiver Not to Take Possession of Property Claimed by Appellant Under Registered Sale Deed Without Adjudication Under Order XXI Rule 58 of Code of Civil Procedure, 1908.

25 Sep 2018

The appellant, Gunjan Pujit Aggarwal, filed an appeal against an order dated 25 July 2018 passed by a learned Single Judge of the Bombay High Court in...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver to Take Possession of Tenements for Redevelopment Despite Non-Signatory Members' Objection. Non-cooperating members bound by society's development agreement; Court Receiver appointed to facilitate redevelopment of dilapidated building.

22 Dec 2016

The petitioner, M/s. R.R.B. Realtors Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of ...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Developer Granted Interim Relief to Take Possession of Tenements from Non-Cooperating Members Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

22 Dec 2016

The Petitioner, M/s. R.R.B. Realtors Pvt. Ltd., a real estate developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 199...

High Court

Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

23 Nov 2016

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

High Court

Bombay High Court Allows Arbitration Petitions by Cab Company Against Drivers, Appoints Sole Arbitrator. Arbitration clause in Driver Agreement survives termination under Section 11 of the Arbitration and Conciliation Act, 1996.

29 Oct 2015

The petitioner, Meru Cab Company Private Limited, filed four arbitration petitions under Section 11 of the Arbitration and Conciliation Act, 1996, see...

High Court

Bombay High Court Allows Section 9 Petition for Appointment of Receiver and Injunction in Loan Default Case. Loan Agreement and Mortgage by Deposit of Title Deeds Established Prima Facie Case for Interim Relief Under Section 9 of the Arbitration and Conciliation Act, 1996.

4 Sep 2015

The petitioner, Aditya Birla Finance Limited, a non-banking finance company, filed a petition under Section 9 of the Arbitration and Conciliation Act,...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

25 Jun 2014

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

High Court

Bombay High Court Upholds Appointment of Court Receiver and Directions for Possession in Redevelopment Dispute — Non-Consenting Members Directed to Vacate to Facilitate Redevelopment. Court held that overwhelming majority of society members having consented, non-consenting members cannot obstruct redevelopment and must hand over possession through Court Receiver.

3 Oct 2013

The appeals arose from a judgment of the Learned Single Judge dated 16 September 2013 in a motion taken out by the first respondent (developer) in a s...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Appointment of Court Receiver in Partnership Dispute. Appointment of Receiver Upheld as Proper Exercise of Discretion Under Order 40 Rule 1 CPC in a Suit for Dissolution of Partnership.

26 Jul 2010

The petitioners, who were defendants in a suit for dissolution of partnership and accounts, challenged the appointment of a Court Receiver over the pa...

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