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Bombay High Court Upholds Injunction in Specific Performance Suit Based on Possessory Evidence. Lower Appellate Court's Reversal of Trial Court's Finding on Possession Upheld as a Possible View.

The dispute arose out of Special Civil Suit No. 24 of 2014 filed by the respondent (plaintiff) against the petitioners (defendants) for specific perfo...

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Bombay High Court Dismisses Petition Seeking Extension of Railway Parcel Space Lease Contract. Contractual Clause and Railway Board Policy Require Extension to Be Sought Before Expiry, Not After.

The petitioner, M/s Airwide Express Cargo, entered into a lease contract with the Western Railway for parcel space in brake vans/parcel vans on the Fi...

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Bombay High Court Dismisses Specific Performance Claim in Furnace Oil Supply Renewal Dispute. Plaintiff Voluntarily Gave Up Relief as Renewed Contract Period Had Already Expired, Leaving Damages Claim for Adjudication.

The suit was instituted by Saurashtra Chemicals Ltd, a chemical manufacturer, against Indian Oil Corporation Ltd, a government undertaking, arising fr...

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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period.

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No...

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Supreme Court Dismisses DISCOM's Appeal in Solar PPA Force Majeure Dispute — Restrictive Appellate Jurisdiction Under Section 125 of Electricity Act, 2003 Affirmed. Government Delays in Approvals Constitute Force Majeure; No Tariff Reduction or Liquidated Damages When Developer Not at Fault.

The Supreme Court of India dismissed appeals by Bangalore Electricity Supply Company Limited (BESCOM) against an order of the Appellate Tribunal for E...

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Bombay High Court Dismisses Petition Challenging Extension of Time for Deposit in Specific Performance Decree. Trial Court's Discretion Under Section 148 CPC to Enlarge Time Upheld Despite Default Clause in Decree.

The petitioners, M/s Armor's Developers Pvt. Ltd. and its director, challenged an order dated 4-12-2015 passed by the trial court in Special Civil Sui...

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Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award in Railway Contract Dispute. Court upholds arbitrator's rejection of claim for extension of lease, finding no error of law or jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Prajapati Gunvant Keshavlal, was engaged in loading and unloading goods from railway wagons. On 11th June 2009, the respondent, Union ...