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Bombay High Court Considers Section 11 Application for Appointment of Arbitrator Under Escrow Agreement; Dosti Group Opposes Citing Abandonment of Arbitration. Dispute Arises from Non-Payment of Purchase Consideration Under Share Purchase Agreement, with Kotharis Alleging Concealment of Tenant Consents and Claiming Release of Escrowed Sun Pharma Shares....

This matter involved a commercial arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by the Kotharis seeking appointment of an arbitral tribunal to adjudicate d...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Share Purchase Agreement Dispute. Court upholds award of damages for breach of contract, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, Sonoma Management Partners Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated June 6, 2024. The dispute aro...

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Bombay High Court Allows Appointment of Arbitrator in Development Agreement Dispute — Arbitration Clause Survives Termination. Court held that under Section 11(6) of Arbitration and Conciliation Act, 1996, the arbitration clause is independent and survives termination of the underlying contract, and appointed a sole arbitrator when respondents failed to appoint one....

The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve disputes arising from a Developme...

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High Court of Bombay Adjudicates Section 34 Petition Against Partial Award on Existence of JEA. The petition challenges an arbitral tribunal's finding that an initialled but unsigned JEA was a valid contract containing an arbitration agreement under Section 7 of the Arbitration Act....

The petition arose out of a partial arbitral award dated January 9, 2014, passed under Section 16 of the Arbitration and Conciliation Act, 1996, which held that a Joint Executing Agreement (JEA) initi...

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High Court of Karnataka Allows Excise Appeal, Upholds Transfer Fee Demand for CL-7 Licence Renewal Under Rule 17B of Karnataka Excise (General Conditions of Licences) Rules, 1967. Induction of Legal Heir of Deceased Partner Constitutes Transfer of Licence Requiring Payment of Transfer Fee....

The case involves a writ appeal filed by the Commissioner of Excise and Deputy Commissioner of Excise against an order of a learned Single Judge of the Karnataka High Court. The Single Judge had allow...

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High Court of Karnataka at Bengaluru Considers Second Appeals on Maintainability of Civil Suits Involving Electricity Tariff Dispute – Core Issue Is Bar on Civil Court Jurisdiction Under Section 145 of the Electricity Act, 2003...

The appellants, who were plaintiffs in the original suits, filed four separate suits (O.S. Nos. 613/2013, 612/2013, 610/2013, and 611/2013) before the Trial Court against Mangalore Electricity Supply ...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80....

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust registered under the Bombay Public Trusts Act, 1950 as a...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Landlord's Bonafide Need Under Maharashtra Rent Control Act, 1999. Concurrent findings on bonafide need and hardship not interfered with under Section 115 CPC as they were not perverse....

The petitioners, original defendants/tenants, challenged the concurrent eviction decrees passed by the trial court and the first appellate court under the Maharashtra Rent Control Act, 1999. The respo...

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Bombay High Court Partly Allows MSRTC Appeal and Claimants' Cross-Objection in Motor Accident Claim — Future Prospects Applied to Deemed Income of Student Victim. Court holds that future prospects are applicable to notional income of a student pursuing professional course, and sets aside deduction for personal expenses of the deceased....

The case arises from a motor accident claim petition filed by the parents and sister of a deceased student, Shivram Govind Wagh, who died in a road accident involving a bus owned by the Maharashtra St...

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Bombay High Court Partially Allows MSRTC Appeal and Claimants' Cross-Objection in Motor Accident Claim — Future Prospects Not Applicable to Deemed Income of Student. Notional Income of Deceased Student Determined at Rs. 10,000 Per Month with 40% Deduction for Personal Expenses....

The case arises from a motor accident claim petition filed by the parents and sister of a 20-year-old male student who died in a road accident. The deceased was pursuing B.E. (Computer Science) and wa...