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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

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Bombay High Court Dismisses Writ Petitions Challenging Impleadment of Co-owners in Suit for Possession. Order 1 Rule 10 CPC Allows Addition of Parties with Direct Interest in Subject Matter to Avoid Multiplicity of Suits.

The petitioners, Sitaram Deorao Pawar and Totaram Deorao Pawar, filed two separate writ petitions challenging an order dated 6/11/2003 passed by the J...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Allows Admiralty Suit for Bunker Supply Claim Against Foreign Vessel. Supply of bunkers to vessel 'LIMA II' held to be a maritime claim within admiralty jurisdiction, and arrest of vessel justified.

The plaintiff, Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi, a Turkish company engaged in the supply of bunkers, filed a...

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Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

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NCLAT Upholds Sale of Corporate Debtor as Going Concern in Liquidation — Confirms Immunity Under Section 32A IBC. Liquidator's Application for Confirmation of Sale and Immunity Allowed Despite Objections from Suspended Directors.

The appeal arose from a common order dated 27.09.2024 passed by the NCLT, Chennai, in IA(IBC)/415/2024, IA(IBC)/1701/2023, and IA(IBC)/1757/2023 in th...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...