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Bombay High Court Dismisses Appeal in Arbitration Enforcement Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Contractor's Award for Road Construction Work Held Unenforceable as Arbitration Was Governed by Arbitration Act, 1940 and Award Was Not Made Rule of Court.

The appellant, M/s. Radhey Shyam Associates, a contractor, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bom...

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Bombay High Court Dismisses Appeal in Arbitration Execution Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Court holds that arbitration agreement entered into before 1996 Act came into force is governed by the 1940 Act, and award must be filed in court for enforcement under that Act.

The appellant, M/s. Radhey Shyam Associates, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court...

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Bombay High Court Quashes Execution Order in Favor of Judgment Debtor Due to Bar of Limitation Under Article 136 of Limitation Act, 1963. Arbitral Award Dated 18.01.2010 Filed for Execution in 2023 Held Time-Barred; Filing of Section 34 Application Does Not Extend Limitation.

The writ petition was filed by the Amravati District Central Co-operative Bank Ltd., the judgment debtor, challenging two orders passed by the 8th Joi...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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Bombay High Court Upholds Executing Court's Rejection of Time-Barred Application to Set Aside Auction Sale Under Order 21 Rule 89 CPC. Application Filed 63 Days After Sale Found Barred by Limitation, Secured Creditor's Prior Charge on Property Upheld for Distribution of Sale Proceeds.

The petitioner, a borrower, had availed a housing loan from respondent No.1 finance company and mortgaged the purchased flat. Upon default, the lender...

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Bombay High Court Allows Land Acquisition Compensation Enhancement Petitions Under National Highways Act — Held That Reference Court Must Consider Market Value Based on Sale Deeds and Potential of Land, Not Merely Government Rates. Claimants Entitled to Additional Amounts Under Land Acquisition Act.

The judgment concerns three writ petitions filed by legal heirs of deceased landowners whose agricultural lands were acquired for the construction of ...

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Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...