Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

Madras High Court Allows TIIC's Recovery Petition Against Guarantors in SFC Act Case — Guarantors Held Jointly and Severally Liable Despite Company's Winding Up. Liability of Guarantors Under Sections 31(a) and 31(aa) of State Financial Corporations Act, 1951 Survives Liquidation of Principal Borrower and Receipt of Amount from Official Liquidator.

7 Jan 2025

The petitioner, Tamil Nadu Industrial Investment Corporation Limited (TIIC), a State Financial Corporation, filed an original petition under Sections ...

High Court

Karnataka High Court Refers Rival Will Claims to Trial Court in Suit for Partition Under Section 96 of Code of Civil Procedure, 1908. The Court Ordered Enquiry to Determine Legal Representatives of Deceased Plaintiff Pending Appeal Against Preliminary Partition Decree.

16 Jan 2025

The dispute originated as a suit for partition of joint family properties filed by the daughters of late Venkatarayappa (plaintiffs 1-3) and the widow...

High Court

Bombay High Court Quashes Points Framed by Trial Court in Execution Proceedings Under Order XXI Rule 22 CPC — Executing Court Cannot Go Behind Decree. Executing Court Must Restrict Inquiry to Executability of Decree, Not Its Validity; Points Regarding Binding Nature of Consent Terms, Prior Approvals, and Rejection by General Body Are Impermissible.

14 Dec 2011

The dispute arose from execution proceedings following a consent decree passed in Suit No. 5142 of 1991 by the City Civil Court at Bombay. The petitio...

High Court

High Court of Bombay Considers Petition for Termination of Standing Arbitral Tribunal's Mandate in Railway Construction Contract Dispute. Petitioner Seeks Appointment of New Arbitral Tribunal Under Sections 11(6), 14(2), and 15(2) of the Arbitration and Conciliation Act, 1996, Alleging Lack of Independence of Serving Railway Officer Arbitrators.

12 Dec 2019

The petitioner, ITD Cementation India Ltd., a company engaged in construction and infrastructure, was awarded a contract by the respondent, Konkan Rai...

High Court

High Court of Bombay at Goa Dismisses Landlords' Writ Petition in Rent Eviction Case, Upholding Restoration of Suit for Merits Hearing. Service of Summons Was Defective as Made on Wrong Address and to Incorrect Person, and Tenant Deposited Arrears of Rent Under Section 32 of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, Entitling Them to Contest Proceedings.

27 Mar 2026

The dispute arose from a rent eviction suit filed by landlords against the legal heirs of a deceased tenant under the Goa, Daman and Diu Buildings (Le...

High Court

Madras High Court Allows Revision Petition, Sets Aside Execution of MSME Award Due to Approved Resolution Plan Under IBC. Claims Not Submitted During CIRP Stand Extinguished Under Section 31 of Insolvency and Bankruptcy Code, 2016.

27 Feb 2026

The case involves a civil revision petition filed by M/s. Capricon Food Products Indian Limited (the revision petitioner/judgment debtor) against M/s....

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

Bombay High Court Allows Appeal in Execution Proceedings — Determines Correct Decretal Amount Under Arbitral Award. Court holds that the executing court has jurisdiction to determine the correct amount due under a decree when the judgment debtor seeks clarification, and remands the matter for computation.

9 Oct 2013

The appeal arises from an order of a learned Single Judge dated 20 March 2013 on a Chamber Summons taken out by the Appellant (National Bank of Agricu...

High Court

Bombay High Court Dismisses Appeal Against Execution of Arbitral Award. Objections to Award Not Raised Under Section 34 Cannot Be Raised in Execution Proceedings Under Section 36 of Arbitration and Conciliation Act, 1996.

11 Jun 2018

The appellant, DoIt Computer JV, a joint venture company, was a registered contractor of the Municipal Corporation of Greater Mumbai (respondent). Dis...

High Court

High Court of Karnataka Dismisses Writ Petition by Government Undertaking Challenging Execution Court Order on Interest Calculation in Arbitral Award Enforcement. Court upholds execution court's acceptance of decree holder's memo of calculation, rejecting judgment debtor's objections regarding interest computation under Section 34 of CPC.

4 Apr 2017

The petitioners, Karnataka Neeravari Nigam Ltd. and its Executive Engineer, a Government of Karnataka undertaking, had engaged the respondent, M/s. Sh...

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