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Supreme Court Allows Appeal in Arbitration and Specific Relief Act Case — Dispute Over Development Agreement Held Arbitrable Despite Prayer for Cancellation of Agreement. Action under Section 31 of Specific Relief Act, 1963 is not in rem and does not bar arbitration.

The present appeal arises from a civil suit filed by the respondent-plaintiff against the appellant-defendant. The respondent claimed ownership of a s...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement in Commercial Suit. Pendency of Application Under Section 8 of Arbitration and Conciliation Act, 1996 Constitutes Sufficient Cause for Delay Beyond 120 Days Under Section 16 of Commercial Courts Act, 2015.

The petitioners, M/s S.S. Nikade and Company (JV), a registered firm, filed a commercial suit on 02.02.2017 before the Commercial Court, Yavatmal, cla...

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Bombay High Court Allows Removal of Assets in Commercial Suit Despite Arbitration Clause — Interim Relief Granted Under Order 39 CPC. Trial Court Directed to Decide Interim Application on Merits Without Considering Maintainability Based on Arbitration Clause.

The petitioner, INOX Leisure Limited, filed a commercial suit against Indo Pacific Projects Limited seeking recovery of security deposit and permissio...

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Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...