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Bombay High Court Upholds Motor Accident Victim’s Claim for Balance Repair Costs, Rejecting Insurer’s Full and Final Settlement Defense. Court Finds No Evidence of Settlement and Holds Tortfeasor Liable for Unrecovered Damages Under Motor Vehicles Act.

The present appeal arose from the dismissal of a claim petition filed by the appellant before the Motor Accident Claims Tribunal, Mapusa. The appellan...

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ARBITRATION PETITION NO.549 OF 2013

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High Court of Bombay Addresses Challenge to Arbitral Award Granting Damages in Electricity Supply Contract Dispute. Tribunal's Award of Damages for Installed Objects Questioned on Grounds of Fundamental Breach Limited to Uninstalled Units Under Section 34 of Arbitration and Conciliation Act, 1996.

The arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB) and it...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Claim for Balance Payment Under Cable Laying Contract. Court Upholds Arbitrator's Findings on Deductions and Lack of Evidence, Holding No Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Reunion Engineering Co. Pvt. Ltd., was awarded a contract on 23 January 2002 by the respondent, M/s. Petronet MHB Ltd., to lay ca...

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High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text.

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had en...