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High Court

High Court of Karnataka Allows Appeal in Commercial Suit for Attachment Before Judgment — Order XXXVIII Rule 5 CPC Requires Strong Prima Facie Case and Risk of Dissipation of Assets. Plaintiff's Application for Attachment Before Judgment Was Wrongly Rejected by Trial Court Despite Evidence of Debt and Asset Disposal.

19 Aug 2024

The appellant/plaintiff, M/s SGK Agencies Private Limited, filed a commercial suit (Com.OS No.237/2023) against the respondents/defendants, M/s Bremel...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Matter — Sets Aside Trial Court Order Refusing Interim Injunction. Court holds that an arbitral award granting specific performance of a sale agreement creates a vested right in the property, and the court under Section 9 of the Arbitration and Conciliation Act, 1996, can grant interim protection to preserve the subject matter of the dispute pending challenge to the award.

19 Jul 2024

The appellant, M/s KLR Group Enterprises, filed a Commercial Appeal under Section 13(1-A) of the Commercial Courts Act, 2015, read with Section 37(1)(...

Supreme Court

Supreme Court Reviews Remand Authority in Mumbai Slum Redevelopment Dispute. Key Decision on Appellate Powers and Arbitral Award Validity in Complex Multi-Party Case

8 Jul 2024

The Supreme Court is addressing appeals concerning a High Court judgment on a slum redevelopment project in Mumbai. The case involves various parties,...

High Court

"Commercial Appeals Dismissed: Court Upholds Single Judge's Decision Against Draft Supplemental Agreement" "Arbitral award set aside due to non-execution and unenforceability of central document, with significant procedural and substantive flaws identified."

25 Jun 2024

Two concurrent Commercial Appeals (90 of 2020 and 91 of 2020) arising from an arbitral award dated February 14, 2017. The award was set aside by a Sin...

High Court

Court Condoned 156-Day Delay in Commercial Appeal. Nagpur District Judge's dismissal of Rs. 1.7 Crore recovery suit leads to appeals; court finds sufficient cause for delayed appeal, schedules hearing for July 2024.

19 Jun 2024

The original plaintiff's commercial suit for the recovery of Rs. 1,70,16,342 was dismissed by the District Judge-2, Nagpur, on 06.05.2022. Both the pl...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Award Debtors for Wilful Disobedience of Court Orders in Arbitration Execution. The Court held that failure to comply with conditional orders for deposit of arbitral award amounts constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, as it demonstrates wilful disobedience and undermines judicial authority.

10 Mar 2022

The contempt petition was filed by the award creditor, Urban Infrastructure Real Estate Fund, against the respondents for alleged wilful disobedience ...

Supreme Court

Supreme Court Allows Appeals in Film Rights Licensing Dispute, Reinstating Interim Injunction Granted by Single Judge. The Court Held That the Division Bench Erred in Overturning the Injunction, as the Single Judge Properly Applied Principles of Balance of Convenience and Prima Facie Case Under Order XXXIX of the Code of Civil Procedure, 1908, and Correctly Interpreted the Settlement Deed's Payment Terms.

7 Mar 2022

The Supreme Court heard appeals challenging the Division Bench's reversal of an interim injunction granted by a Single Judge in commercial suits conce...

Supreme Court

Supreme Court Allows Appeal Against Division Bench Order on Limitation in Suit for Cancellation of Settlement Agreement. The Court held that in view of the repeal of Section 9A CPC (Maharashtra Amendment) and the judgment in Nusli Neville Wadia, the merits of the limitation issue need not be decided at this stage.

13 Dec 2019

The case involves a dispute over 75,001 shares of Bombay Oxygen Investments Ltd. (BOIL). The appellants (Ruias) and respondent No.3 (MGG) entered into...

Supreme Court

Supreme Court Dismisses State's Appeal in Arbitration Dispute Over Illegal Termination of Consultancy Contract. Termination of contract without following due procedure under General Conditions of Contract held illegal; concurrent findings of fact not interfered with under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

18 Oct 2019

The State of Jharkhand and its officers (petitioners) entered into a consultancy agreement with M/s HSS Integrated SDN and another (respondents) on 28...

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