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Supreme Court Dismisses Bank's Appeal in SARFAESI Auction Dispute — Auction Purchaser Not in Default. Delay in Payment Attributable to Bank's Own Actions and External Factors, Not Purchaser's Fault Under Rule 9(4) of Security Interest (Enforcement) Rules, 2002.

The appellant, IDBI Bank, conducted an e-auction on 10.04.2018 for a property comprising 2 guntas of land in Telangana. The respondents were the highe...

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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

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WRIT PETITION NO. 1723 OF 2020

The dispute arose from a tender floated by respondent no.1 MIHAN India Ltd. for up-gradation, modernization, operation and management of Dr. Babasaheb...

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Supreme Court Allows Appeal in Specific Performance Case — Sale Deed Held Outright, Not a Security Transaction. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appeal arose from a suit for specific performance of an agreement of reconveyance. The plaintiff, A.S.C. Murthy, alleged that he borrowed money fr...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

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Bombay High Court Disposes of Section 9 Petition in Housing Society-Developer Arbitration Amidst Numerous Interim Applications. Interim Measures Including Attachment of Assets and Deposit of Over Rs. 11 Crores Ordered Earlier Under Section 9 of Arbitration Act.

The case involved a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, along with thirty-one interim...