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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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Supreme Court Dismisses Curative Petition in Arbitration Dispute Over Termination of Concession Agreement — Upholds Arbitral Award Restored by Earlier Judgment. Court Holds That Curative Jurisdiction Under Article 142 Is Not Available to Re-Argue Merits Where No Miscarriage of Justice Is Shown.

The Supreme Court dismissed a curative petition filed by Delhi Metro Rail Corporation (DMRC) against its earlier judgment in Delhi Airport Metro Expre...

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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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High Court Allows Writ Appeals Against Reassessment Notice Under KVAT Act Due to Lack of Jurisdiction — Notice Issued Beyond Limitation Period Under Section 52(1) of Karnataka Value Added Tax Act, 2003.

The appellant, M/s Paharpur Cooling Towers Ltd., engaged in construction, supply, erection and commissioning of cooling towers, was issued a notice un...