Search Results for "setting aside exparte decree"

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Search Results for "setting aside exparte decree"

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High Court

High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

20 Dec 2012

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

High Court of Karnataka Dismisses Appeals Against Execution Court Order in Property Dispute — Upholds Dismissal of Application to Set Aside Auction Sale for Lack of Material Irregularity. Execution Court's Refusal to Set Aside Sale Under Order XXI Rule 90 CPC Upheld as No Substantial Injury Was Proved.

7 Sep 2023

The case involves two Regular First Appeals (RFA No. 100051/2021 and RFA No. 100140/2021) filed before the High Court of Karnataka, Dharwad Bench, aga...

High Court

Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

2 May 2019

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

High Court

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.

20 Jul 2015

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...

High Court

High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

25 Nov 2022

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

High Court

Bombay High Court Upholds Condonation of 959 Days Delay in Filing Appeal Against Ex-Parte Decree — Sufficient Cause Shown by Defendant's Non-Service. Order VI Rule 14A CPC Requires Registered Address; Absence Thereof Justifies Delay.

3 Aug 2016

The case involves a civil revision application filed by the original plaintiffs challenging the order of the lower appellate court dated 07.11.2015, w...

High Court

High Court of Bombay Orders Partial Release of Goods from Court Receiver's Custody in Section 9 Arbitration Petition. Goods Not Included in Petitioner's Claim List Released on Petitioner's Consent, Pending Determination of Third-Party's Bona Fide Purchaser Status.

22 Oct 2019

JSW Steel Limited entered into a Franchise Agreement dated 1 July 2018 with three sister concerns (Delta Iron & Steel Co. Pvt. Ltd., Yatin Steels Indi...

Supreme Court

Supreme Court Restores Trial Court's Injunction in Society Dispute — High Court Erred in Entertaining Revision Under Article 227 When Appeal Was Available Under CPC. The availability of an appellate remedy under the Code of Civil Procedure, 1908 bars the High Court from exercising supervisory jurisdiction under Article 227, and the trial court's speedy disposal of an injunction application within the statutory time frame cannot be termed as hurried without merits.

3 Oct 2019

The case arises from a dispute within a society, where the appellants (plaintiffs) filed a suit seeking declarations and injunctions regarding the con...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Adverse Possession. The court held that the lower appellate court correctly reversed the trial court's finding on adverse possession as the defendant failed to prove ouster and hostile possession for the statutory period.

26 May 2023

The appellant, defendant No.6 in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the ...

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