Search Results for "execution petition maintainability"

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Search Results for "execution petition maintainability"

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High Court

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.

14 Dec 2024

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

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

High Court

High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder.

22 Oct 2019

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed b...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

20 Feb 2019

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

High Court

High Court of Karnataka Allows Decree Holder to Execute Two Separate Decrees in Single Execution Petition Under Order 21 Rule 11 CPC — No Bar Against Combining Claims in Execution. The court set aside the executing court's order directing amendment to restrict claim to one transaction, holding that CPC does not prohibit combining multiple decrees in one execution petition.

29 Apr 2016

The petitioner, PAFCO 2916 Inc., a company incorporated in the USA, obtained two separate decrees against the respondent, Kingfisher Airlines Limited,...

High Court

Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

6 Oct 2015

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

High Court

Bombay High Court Allows Dispensation of Notice in Execution Proceedings for Non-Compliance of Order Directing Municipal Corporation to Decide Application. Court holds that Municipal Corporation's failure to decide application despite court order amounts to contempt and warrants execution without notice under Order 21 Rule 22 CPC.

28 Mar 2014

The applicants, M/s. Lok Holdings and Constructions Ltd. and others, filed a Chamber Summons in an execution application seeking dispensation of notic...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

High Court

Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

30 Nov -0001

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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