Search Results for "mandatory mediation"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "mandatory mediation"

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High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

Supreme Court

Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

1 Jan 2025

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

High Court

Bombay High Court Dismisses Interim Application in Suit for Specific Performance and Injunction — Dispute Over Sale of Shares and Property Rights. Court holds that the applicant failed to make out a prima facie case for interim relief under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, as the balance of convenience did not favour granting injunction against the plaintiffs.

30 Nov -0001

The present interim application was filed by the original defendant No. 1, Babasaheb Neelkant Kalyani, in a suit for specific performance and injuncti...

Supreme Court

Supreme Court Enhances Compensation for Permanent Disability in Motor Accident Case — Multiplier of 18 Applied and Future Prospects Considered. The Court held that for a student victim, future earnings must be assessed based on family background, education, and career potential, not a fixed notional income.

5 Mar 2019

The appellant, M.R. Krishna Murthi, a practicing advocate, suffered a severe accident on 26th May 1988 at age 18 while traveling from Delhi to Mussoor...

Supreme Court

"A Case Examining Limitation and Arbitration in Franchise Disputes."

1 Mar 2024

The Supreme Court ruled on the issue of whether the arbitration petition filed by Arif Azim Co. Ltd. was barred by limitation under Article 137 of the...

Tribunals

National Company Law Appellate Tribunal Upholds Mediated Consent Terms in Company Dispute Under Companies Act, 1956 -- Appeals by Appellant(s) and Accurate Engineering Company Pvt. Ltd. & Ors. Dismissed Due to Failure to Prove Coercion, Undue Influence, and Duress

15 Oct 2025

The National Company Law Appellate Tribunal dismissed appeals challenging the National Company Law Tribunal's order that upheld mediated consent terms...

High Court

High Court of Bombay: Mandatory Pre-Litigation Mediation Under Section 12-A of the Commercial Courts Act Reaffirmed in Intellectual Property Infringement Cases. The court emphasized that Section 12-A of the Commercial Courts Act applies to IP disputes unless there is clear evidence of deception or urgency requiring interim relief.

6 Sep 2024

The Bombay High Court dealt with the application of Section 12-A of the Commercial Courts Act in the context of intellectual property (IP) rights disp...

High Court

High Court Dismisses Application for Rejection of Plaint in Commercial Summary Suit Under Order VII Rule 11 CPC. Exemption from Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015 Upheld as Suit Contemplated Urgent Interim Relief Based on Plaintiff's Apprehension of Asset Disposal to Defeat Claim.

4 Mar 2026

The dispute arose from a commercial summary suit filed by  Respondents, a non-banking financial company, against Applicants for recovery of appro...

High Court

Madras High Court Dismisses Revision Against Rejection of Plaint Dismissal Application in Commercial Suit — Pre-Institution Mediation Under Section 12-A of Commercial Courts Act Not Mandatory for Suits Filed Before 20.08.2022. The court held that the cut-off date fixed by the Supreme Court in Patil Automation applies, and the plaint filed on 11.01.2021 cannot be rejected for non-compliance with Section 12-A.

2 Feb 2026

The civil revision petition was filed by M/s. P.A.Sea Impex, the defendant in a commercial suit, challenging the order of the Commercial Court, Egmore...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

11 Mar 2026

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

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