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Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

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Bombay High Court Allows Landlord's Appeal in Rent Control Case — Valid Service of Quit Notice Under Section 106 of Transfer of Property Act, 1882 Established. Tenant's Denial of Receipt of Notice Disbelieved as Notice Sent by Registered Post and Telegram.

The case involves a landlord-tenant dispute over Block No.3 situated in a chawl at Railtoli, Gondia. The plaintiff-landlord, Surendrakumar Agrawal, fi...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Railway Parcel Space Lease Dispute. Court upholds arbitrator's finding that claimant failed to prove termination of contract and is not entitled to refund of security deposit.

The petitioner, Prajapati Gunwant Keshavlal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Policy Cancelled Due to Cheque Dishonour Prior to Accident. Insurer Not Liable as No Contract of Insurance Existed When Accident Occurred, Section 64VB of Insurance Act, 1938.

The present appeal is filed by the National Insurance Co. Ltd. against the judgment of the Motor Accident Claims Tribunal, Wardha in Claim Petition No...

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High Court Quashes Proceedings in Cheque Dishonour Case Due to External Account Freeze. Dishonour Attributable to Police Investigation Freeze Order, Not Insufficiency of Funds Under Section 138 of Negotiable Instruments Act, 1881, Rendering Proceedings Unsustainable.

The dispute arose from a criminal petition filed by Petitioners and its directors seeking to quash proceedings under Section 138 of the Negotiable Ins...

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WRIT PETITION NO.853 OF 2012

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Bombay High Court Grants Leave to Appeal in NI Act Case Due to Denial of Adjournment — Trial Court's Rejection of Adjournment Without Considering Advocate's Engagement Violated Principles of Natural Justice

The applicant, Dhule Shahar Kirana va Bhusar Vyapari Nagari Sahakari Patsanstha Maryadit, through its representative Suresh Sahebrao Jadhav, filed a c...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996. Service of Arbitral Award Deemed Complete Upon Acknowledgment by Relative at Petitioner's Address.

The petitioners, Francisco A. D'Souza and the legal heirs of Oscar de Souza, filed an arbitration petition under Section 34 of the Arbitration and Con...

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Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...