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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement in Commercial Suit. Pendency of Application Under Section 8 of Arbitration and Conciliation Act, 1996 Constitutes Sufficient Cause for Delay Beyond 120 Days Under Section 16 of Commercial Courts Act, 2015.

The petitioners, M/s S.S. Nikade and Company (JV), a registered firm, filed a commercial suit on 02.02.2017 before the Commercial Court, Yavatmal, cla...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Delay Condonation for Filing Appeal Against Ex Parte Decree. Delay of Over 2 Years in Filing Regular Civil Appeal Not Sufficiently Explained, No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The respondent (original plaintiff) filed Regular Civil Suit No. 140/1997 for specific performance of contract against the appellant (original defenda...

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Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...

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Bombay High Court Dismisses Revision Against Cancellation of Preliminary Order Under Section 145(1) CrPC — Magistrate's Satisfaction of Apprehended Breach of Peace Must Be Based on Material on Record

The applicant, Grasim Industries Limited, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Proced...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Default in Rent Payment Under Bombay Rent Act. Concurrent findings of courts below that tenant was defaulter upheld as no substantial question of law arose under Article 227.

The petitioner-tenant filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of the trial court and ...

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Bombay High Court Grants Bail to Accused in MPSC Scam Case on Parity with Co-Accused. Personal Secretary to Minister Entitled to Bail as Co-Accused with Similar Role Already Released by Supreme Court and High Court.

The applicant, Avinash Tukaram Sanas, was accused No.7 in the MPSC Scam case, holding the post of a Class I Officer and Personal Secretary to a Minist...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...