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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application for Return of Plaint on Pecuniary Jurisdiction Grounds. The court held that the Trial Court must determine jurisdiction based on proper valuation and cannot merely accept the plaintiff's valuation without scrutiny.

The petitioners, defendants in a civil suit, challenged an order of the IV Additional Civil Judge and JMFC, Belgaum, dated 19.09.2014, rejecting their...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882.

The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original d...

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Bombay High Court Allows Petition Challenging Trial Court Order on Valuation and Court Fees in Suit for Share in CIDCO Plots. The court set aside the order directing revaluation and payment of additional court fees as it was passed without any evidence or inquiry.

The petitioners, original defendants in Regular Civil Suit No.61 of 2006, challenged an order dated 5/10/2010 passed by the learned Joint Civil Judge,...

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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case, Reduces Enhanced Compensation. Court holds that mere potentiality of land for non-agricultural use does not justify compensation at rates comparable to developed plots without evidence of comparable sales.

The case involves multiple first appeals arising from land acquisition proceedings initiated by the State of Maharashtra for a housing scheme under th...