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Madras High Court Disposes Civil Revision Petition as Settled Between Parties in Execution Proceedings. Parties Compromise During Pendency of Revision, Court Records Full Satisfaction of Decree.

The case involves a Civil Revision Petition filed by Gokul Das Mundhra against M/s Tuscana Kryuptos Restaurants Private Limited under Article 227 of t...

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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.

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

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Bombay High Court Allows Transfer of Arbitration and Execution Proceedings to Principal District Judge Nagpur by Consent. Parties Agree Not to Raise Objections Under Arbitration Act or Commercial Courts Ordinance, 2015.

The petitioner, M/s. Kandla Cargo Handlers, challenged an order dated 27.6.2018 passed by the learned Principal District Judge, Nagpur, which granted ...

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Madras High Court Modifies Onerous Cost Condition for Setting Aside Exparte Order in Execution Proceedings — Cost Reduced from Rs.2,00,000 to Rs.25,000. Courts must not impose excessive costs without special circumstances, especially when decree holder has no objection.

The petitioners, Baskaran and Thamaraiselvi, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging a doc...