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Bombay High Court Dismisses Revision Application Against Suit for Possession and Declaration; Res Judicata Plea Not Made Out at Interim Stage. Court Finds Earlier Suit Did Not Directly and Substantially Include Reliefs for Possession and Document Declaration, Hence Section 11 CPC Bar Not Applicable.

The dispute concerned a residential premises in Mumbai. The applicants, who were defendants in the trial court suit, had previously filed S.C. Suit No...

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INTERIM APPLICATION NO.1767 OF 2020

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High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

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Bombay High Court Fixes Interim Compensation for Tenant Pending Eviction Revision — Mesne Profits Determined Based on Valuer Reports and Rental Market. Tenant Ordered to Pay Rs.25,000 Per Month as Interim Compensation Under Section 12 of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Previn Govind Sharma, against an eviction decree passed by the Appellate Bench of ...

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Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

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Supreme Court Upholds Interim Protection in Oppression and Mismanagement Petition Under Companies Act, 2013. Court Extended Restraint on Construction and Permitted Limited Protective Works to Preserve Subject Matter of Dispute Pending Adjudication by NCLT.

The dispute arose from a company petition filed by the appellants under Sections 241, 242, 244, and 59 of the Companies Act, 2013, alleging oppression...

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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...