Search Results for "conditional order"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "conditional order"

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High Court

High Court of Bombay Considers Second Appeals in RERA Delayed Possession Matter. Builder Challenges Appellate Tribunal's Direction to Pay Interest at 10.05% p.a. from February 2014.

8 Jun 2026

These Second Appeals were filed before the High Court of Judicature at Bombay by Runwal Constructions, a registered partnership firm, challenging the ...

High Court

Bombay High Court Dismisses Contempt Notices Against Defendant in Patent Infringement Suit — No Willful Disobedience Found. Court holds that breach of an order must be willful and deliberate to constitute contempt under Order 39 Rule 2A CPC, and mere technical or inadvertent violations do not attract punishment.

28 Jun 2016

The Plaintiff, CTR Manufacturing Industries Ltd., filed a patent infringement suit against Sergi Transformer Explosion Prevention Technologies Pvt. Lt...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Appeal for Interim Relief in Specific Performance Suit — Minutes of Meeting Not a Concluded Contract. Court holds that minutes recording discussions and basic terms, without payment or execution of sale deed, do not constitute a concluded contract warranting interim protection under Specific Relief Act, 1963.

19 Oct 2013

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a suit for specific performance of an alleged agreement for sale of property against...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Allows Writ Petition Quashing Stamp Duty Order in Seawoods Project Development Agreement — Lease Deed Not Liable to Stamp Duty as Conveyance Under Bombay Stamp Act, 1958. The court held that a development agreement-cum-lease deed executed by CIDCO for a 60-year term is a lease, not a conveyance, and is chargeable under Article 36 of Schedule I of the Bombay Stamp Act, 1958.

28 Sep 2012

The petitioners, Larsen and Toubro Ltd and its subsidiary, challenged an order dated 16 July 2011 passed by the Chief Controlling Revenue Authority (r...

High Court

Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

5 Sep 2019

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Bombay High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Non-Service of Summons for Judgment on Defendants' Advocate. Service on Defendants directly without prior attempt on advocate held insufficient under Order XXXVII CPC.

17 Dec 2014

The petitioners, original defendants in Summary Suit No.4914 of 2012, challenged the order dated 08.07.2013 passed by the City Civil Court, Mumbai, di...

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