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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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High Court Dismisses Arbitration Petition Challenging Award Under Arbitration and Conciliation Act, 1996 -- MOU Found Not Amenable to Specific Performance Due to Third-Party Litigation

The High Court dismissed an Arbitration Petition challenging an Arbitral Award that rejected claims for specific performance of a Memorandum of Unders...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Supreme Court of India – Civil Appellate Jurisdiction – Consumer Protection Act, 2019 – Limitation Period – Continuing Cause of Action – Error on Face of Record – Substantive Right Over Procedural Technicality – NCDRC Order Quashed and Set Aside.

Consumer Protection Act, 2019 – Section 67 – Limitation Period to File Complaint – Continuing Cause of Action Upheld – NCDRC's Dismissal on Li...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...