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Bombay High Court Sets Aside Insolvency Notice Against Partners Not Impleaded in Suit — Leave Under Order 21 Rule 50(2) CPC Required. Insolvency Notice Against Alleged Partners Without Prior Leave Under Order 21 Rule 50(2) CPC is Invalid as It Is a Step in Execution.

The judgment debtors, M/s. Shiva Trading Corporation (a firm) and its alleged partners Gulab S. Daga and Jatin Devi Daga, filed a motion to set aside ...

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Bombay High Court Upholds Eviction Decree Against Sub-Tenants in Commercial Premises Dispute. Change in Partnership Constitutes Subletting Under Section 15 of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the applicants (original defendant nos.5, 6, and 8) challenging a decree of eviction passed by...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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High Court of Karnataka Allows Writ Petition in Excise License Transfer Dispute — Partnership Dispute Requires Civil Court Adjudication. Karnataka Appellate Tribunal's Order Quashed as Excise Authorities Cannot Summarily Reject Transfer Application Without Adjudicating Partnership Dispute.

The petitioner and respondent were partners in the firm M/s. Marthanda Enterprises, constituted under a Partnership Deed dated 15.12.2010. The firm ru...