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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

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Bombay High Court Dismisses Landlords' Petition for Eviction on Ground of Reasonable and Bona Fide Requirement — Concurrent Findings of Fact Not Interfered With. Landlord's Own Witness Admitted No Need for Possession, Defeating Claim Under Rent Control Law.

The petitioners, landlords of commercial premises in Kolhapur, filed a suit for eviction against the tenant on grounds of non-user, erection of perman...