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Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent chal...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Order Under Goa Rent Act. Landlord's Bonafide Need for Personal Occupation Upheld as Genuine and Based on Evidence.

The petitioners, Michael Anthony William Gareth and Amelia Gareth, were tenants in a house bearing Municipal no. 73, Panaji, Goa, which was acquired b...

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Bombay High Court Allows Petition for Condonation of Delay in Section 140 Motor Accident Claim — No Limitation Prescribed for No-Fault Compensation. Tribunal Erred in Rejecting Application for Condonation of Delay as Section 140 Does Not Prescribe Any Limitation Period.

The petitioner, Ramesh Bhimrao Patil, was injured in a motor accident that occurred on 24 November 1989. He filed an application under Section 166 of ...

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Bombay High Court Allows SICOM Petition to Enforce Guarantee Liability Under State Financial Corporations Act, 1951. Guarantors' Defense of Discharge Due to Variation in Contract Rejected as Guarantees Were Continuing and No Material Alteration Occurred.

The petition was filed by SICOM Ltd., a State Financial Corporation, under Sections 31(1)(aa) and 32 of the State Financial Corporations Act, 1951, se...

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Bombay High Court Dismisses Appeal in Property Dispute Over Will Validity — Upholds Trial Court's Refusal to Appoint Receiver and Grant Injunction. Court Held That Disputed Questions of Fact Regarding Execution of Will Cannot Be Decided in Summary Proceedings Under Order 39 CPC.

The case involves a property dispute among family members concerning the estate of the deceased, Girdharilal T. Bijlani. The appellants (original plai...

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Bombay High Court Allows Chamber Summons for Admission of Documents Under Order XII CPC — Deems Documents Admitted Due to Defendants' Failure to Respond to Notice. Plaintiff's Notice Under Order XII Rule 3 CPC Not Responded To; Court Applies Rule 2A to Deem Documents Admitted.

The plaintiff, Hiren P. Doshi, filed a summary suit against the State of Maharashtra and the Commissioner of Employees State Insurance Scheme for reco...