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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Assignee Under Part II of Arbitration and Conciliation Act, 1996. Assignment of Contractual Rights and Arbitration Agreement Valid Under Sudanese Law; Respondent's Public Policy Challenge Rejected.

The petitioner, Neilan International Co Ltd, a Sudanese company, sought enforcement of a foreign arbitral award dated 27 September 2018 passed by the ...

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

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High Court of Karnataka Dismisses Petition Under Section 11(4) of Arbitration Act for Appointment of Arbitrator When Tribunal Already Constituted. Petition Under Section 11(4) Not Maintainable Once Arbitral Tribunal is Constituted; Remedy Lies Under Section 15 of the Act for Substitution of Arbitrator.

The petitioner, Transparent Energy Systems Pvt. Ltd., filed a Civil Miscellaneous Petition under Section 11(4) of the Arbitration and Conciliation Act...

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Bombay High Court Dismisses Passing Off and Copyright Infringement Suit for Lack of Evidence of Prior Use and Reputation. Oral Agreement Claim Fails as Plaintiffs Cannot Establish Exclusive Rights Over 'Puranmal' Mark and Chef Logo.

The plaintiffs, Abhay Agarwal, Ajay Agarwal, and Puranmal Restaurant, a partnership firm based in Dubai, filed a suit against Puranmal Goods Private L...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Arbitral Award in Water Treatment Plant Contract Dispute. Arbitration Proceedings Conducted Under ICC Rules Were Valid Despite Corporation's Objection to Applicability of Rules.

The Petitioner, Municipal Corporation of Greater Mumbai, filed a petition under Section 24 of the Arbitration & Conciliation Act, 1996 challenging an ...