Search Results for "executable decree"

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Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

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Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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Supreme Court Upholds Civil Court's Jurisdiction in Suit Against Occupant Who Had Ejectment Decree Not Executed Due to Slum Areas Act. Section 19 of Slum Areas Act Does Not Make Such Occupant a 'Tenant' Under Delhi Rent Control Act, Allowing Suit for Possession on Trespass Ground.

The appellant, Lakhmi Chand Khemani, was the tenant of a building in Delhi owned by one M. M filed a suit for ejectment and obtained a decree. While a...

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High Court Modifies Ejectment Decree to Grant Six Months to Vacate, Subject to Payment Conditions and Contempt Undertaking. Regular First Appeal Under Section 96 CPC Accepted Based on Appellant’s Undertaking to Peaceably Vacate Premises by January 2021.

The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 against a judgment and decree dated 02.12.2019 in Original Suit No.6814/201...