Search Results for "Order XXI Rule 105 CPC"

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court of Karnataka Allows Civil Revision Petition Against Rejection of Limitation Application in Land Acquisition Case. Order rejecting Section 5 Limitation Act application and dismissing petition under Order XXI Rule 105 and 106 CPC is revisable under Section 115 CPC.

The case involves a Civil Revision Petition filed by Smt. Kamal W/o Gulab Singh Rajaput against an order of the Principal Senior Civil Judge and Addit...

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Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

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Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...