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Bombay High Court Dismisses Judgment Debtor's Objection to Auction Sale in Execution Proceedings — Auction Sale Confirmed Despite Alleged Irregularities as Objection Filed After 15 Days Without Proper Explanation.

The petitioner, Bhagwandas s/o Chunilal Purohit, was the original defendant/judgment debtor in a recovery suit filed by respondent No.1, Machindra s/o...

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Bombay High Court Allows Shareholder's Impleadment in Suit for Declaration Regarding Sale of Company Property — Petitioner Has Direct Interest in Subject Matter of Suit

The petitioner, Pradeep Mandhana, a shareholder of Golden Tobacco Ltd., filed a Chamber Summons seeking impleadment in S.C. Suit No.817 of 2011 filed ...

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Bombay High Court Dismisses Petition Challenging Rejection of Notice of Motion for Contempt in Property Dispute. Consent order allowing repairs and maintenance did not prohibit fixing of tiles on terrace, and society's actions were not in breach of the order.

The petitioner, M/s. Chetan Associates, a partnership firm, filed a suit against the respondent, Abhilasha Co-op. Hsg. Soc. Ltd., seeking injunctive r...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment in Contract Suit — Order 1 Rule 10 CPC Allows Addition of Party for Effective Adjudication Without Prejudice to Plaintiff.

The petitioner, M/s. Devchand Constructions, filed a suit (Special Civil Suit No.22/2003/A) against the Board of Trustees of the Port of Mormugao (res...