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Bombay High Court Dismisses Suit for Specific Performance of Development Agreement Due to Lack of Privity of Contract and Non-Existence of Agreement. Plaintiff failed to establish any agreement with Defendant No.1 and the agreement with Defendant No.2 was not proved to be in existence.

The Plaintiff filed a suit for specific performance of an agreement dated 10.11.2003 allegedly entered into with Defendant No.2 for development of pro...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Approval of Layout Plan. Court holds that time was not of the essence and that the purchaser was ready and willing to perform.

The appellant, M/s. Bagadia Builders & Developers, a proprietary concern through its proprietor Shravankumar Purushottam Bagadia, entered into an agre...

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Bombay High Court Allows Petition of Hindustan Petroleum Corporation Ltd. Against MSEDCL Over Tariff Categorization of LPG Bottling Plant as Industrial Activity. LPG Bottling Plant Held to Be Manufacturing Activity Entitling Petitioner to HT I Industrial Tariff Under MERC Tariff Order.

The Petitioner, M/s. Hindustan Petroleum Corporation Limited, challenged the categorization of its LPG Gas Bottling Plant at Sangli under the HT II Co...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

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Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...