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Bombay High Court Allows Second Appeal in Adverse Possession Suit — Limitation Plea on Counter Claim Not Considered by Appellate Court. Failure to frame specific point on limitation for counter claim under Limitation Act, 1963 leads to remand.

The appellant, Smt. Tanubai Baburao Nanekar, filed a suit for declaration and permanent injunction claiming ownership of the suit property by adverse ...

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Bombay High Court Allows Arbitration Petitions, Upholds Arbitrator's Jurisdiction Over Counter-Claim in Partnership Dispute. Arbitration Clause Survives Dissolution of Firm Under Section 16 of Arbitration and Conciliation Act, 1996.

The case involves two arbitration petitions challenging an order of a Sole Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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High Court of Karnataka Dismisses Petition Challenging Rejection of Amendment Application in Restitution of Conjugal Rights Case — Amendment Sought at Argument Stage After Trial Concluded, Held Not Permissible Under Order 6 Rule 17 CPC.

The petitioner, E. Raghunathan, and the respondent, R. Sarala, were married on 03.05.1995 and are an estranged couple. The petitioner had previously f...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broking Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be Contrary to Public Policy or Suffering from Patent Illegality.

The petitioner, Bombay Construction and Engineering Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challen...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Business Centre Agreement Dispute. Termination of Agreement Due to Economic Crisis Held Valid; Refund of Security Deposit Upheld.

The appellant, M/s. Pankaj Dyes & Chemicals Ltd., entered into a Business Centre Agreement with the respondent, M/s. Taco Hendrickson Suspensions Pvt ...

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COMMERCIAL ARBITRATION PETITION (L) NO.238 OF 2019

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Distribution Company Li...