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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Commercial Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or perversity in the arbitrator's findings.

The petitioner, Rajuram Sawaji Purohit, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to set a...

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Bombay High Court Allows Exclusion of 1854 Days for Filing Challenge to MSME Award Due to Bona Fide Prosecution in Wrong Forum and COVID-19. Period from 5 April 2017 to 1 November 2022 excluded under Section 14 of Limitation Act, 1963 read with Section 34(3) of Arbitration and Conciliation Act, 1996.

The applicant, Bharat Electronics Limited, filed an Interim Application seeking exclusion of 1854 days from 5 April 2017 to 1 November 2022 for comput...

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Bombay High Court Allows Condonation of Delay in Customs Appeal Due to Bona Fide Prosecution Before Wrong Forum. The Court held that the period spent before the revisionary authority under a bona fide belief should be condoned, and the CESTAT erred in rejecting the application.

The appellant, Zulfikar Abdul Rashid Khan, is a businessman dealing in motor vehicles and parts. A show cause notice dated 12 August 2011 was issued u...

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Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

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Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit.

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allo...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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Bombay High Court Allows Daughter's Appeal Against Dismissal of Petition Challenging Father's Marriage Under Order 2 Rule 2 CPC. Family Court Erred in Holding That Earlier Suit for Declaration of Marriage as Void Was Barred by Res Judicata as Cause of Action Was Different.

The appellant, Mrs. Nayana M. Ramani, is the married daughter of late Mr. Navnitlal R. Shah. The respondent, Mrs. Fizzah Navnitlal Shah, claims to hav...