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Bombay High Court Dismisses Writ Petition Challenging Jurisdiction in Recovery Suit. Part of Cause of Action Arising at Kolhapur Confers Jurisdiction Under Section 20(c) CPC.

The petitioner, M/s. Rajesh Coach Builders (original defendant no.1), a partnership firm based in Jaipur, challenged the judgment and order dated 15.3...

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Bombay High Court Dismisses Petitioners' Challenge to Arbitration Award in Property Dispute — No Ground for Interference Under Article 227. Court upholds concurrent findings of fact by arbitrator and appellate tribunal regarding validity of agreements and possession.

The judgment arises from three writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award and the appellate ord...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Development Agreement Dispute. Arbitration Clause Survives Termination of Agreement, Court Appoints Sole Arbitrator.

The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbit...

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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction — Limitation is a Mixed Question of Law and Facts Not Decided at Threshold Under Order VII Rule 11 CPC.

The present civil revision application was filed by the original defendant No.1 in Regular Civil Suit No.1600/2012 pending before the 16th Civil Judge...

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Bombay High Court Allows Applicants' Challenge to Territorial Jurisdiction in Section 138 NI Act Complaints. Cheques Drawn on Mumbai Bank Cannot Be Tried at Aurangabad Despite Deposit There.

The applicants, Naveen Luthra and Arun Luthra, were accused in two complaints filed by respondent no.1, AVR Logistic Pvt. Ltd., under Section 138 of t...

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Bombay High Court Allows Second Appeal in Property Suit, Holding That Civil Court Jurisdiction Cannot Be Ousted Without Pleadings and That Courts Below Erred in Permitting Evidence on Unpleaded Facts

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the appellate court which dismissed...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...