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Bombay High Court Allows Petition Challenging Demand for 10% Performance Security Deposit in Railway Catering Tender. Court holds that demand for 10% performance guarantee instead of 3% as per Railway Board Circular dated 20.11.2020 is arbitrary and unsustainable.

The petitioner, M/s. Shiv & Sons, a proprietory concern, participated in a tender issued by the Central Railway, Nagpur Division, for catering service...

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Bombay High Court Partially Allows Appeal Against Arbitral Order of Asset Disclosure and Injunction in Commercial Arbitration Dispute. Court upholds disclosure direction but modifies injunction to apply only to assets sufficient to secure the claim amount.

The case involves a petition under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Manish Khera and another (petitioners) challengi...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Under Section 11 of Arbitration Act. Multi-tier Dispute Resolution Clause with Final Binding Decision by Committee Constitutes Arbitration Agreement.

The applicant, M/s. Harbhajan Sarabjeet & Associates, a registered partnership firm, filed an application under Section 11 of the Arbitration and Conc...

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Bombay High Court Dismisses Petition Challenging Disciplinary Action in ONGC Tender Irregularity Case. Court upholds chargesheet, punishment order, and appellate order against employee for unauthorizedly constituting tender committee to favor L2 bidder.

The petitioner, R.P. Gautam, an employee of Oil and Natural Gas Corporation Ltd. (ONGC), filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...