Search Results for "Contractual dues"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...

Search Results for "Contractual dues"

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Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

High Court

Bombay High Court Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

4 Nov 2022

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

High Court

Bombay High Court Upholds Arbitral Award Setting Aside Compensation Levy in Construction Contract Dispute. Levy of Compensation Under Clause 2 of GCC Invalid for Non-Compliance with Contractual Mechanism of Show Cause Notice and Quantification.

12 Mar 2019

The judgment concerns two arbitration petitions arising from a construction contract between the General Manager, Heavy Water Plant (Manuguru) (petiti...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Quashes FIR Against Air India Agents in Criminal Breach of Trust Case — Dispute Held to Be Purely Civil in Nature. Court finds that allegations of misappropriation of ticket sales proceeds do not constitute criminal offences under Sections 403, 405, 409, 420, 425 IPC as the relationship between the parties is contractual and the dispute is civil.

20 Jun 2017

The petitioners, Nilesh N. Shah and Hema N. Shah, were partners of a partnership firm engaged in the business of selling air tickets. Air India Limite...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Railway Contract Dispute — Upholds Claims 1 and 4, Sets Aside Claims 5, 7, and 13 for Lack of Evidence and Non-Application of Mind. The court held that the arbitral tribunal failed to apply its mind to contractual provisions and evidence, rendering the award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

6 May 2015

The Union of India (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a majority arbitral award...

High Court

Bombay High Court Allows Wife's Application to Sell Matrimonial Home and Directs Husband to Pay EMIs in Family Court Dispute. The court held that the husband is liable to pay EMIs as maintenance and the wife may sell the property with court supervision to protect the matrimonial home from bank action under the Securitisation Act.

20 Mar 2013

The writ petition arose from an order of the Family Court No.7, Mumbai dated 23rd August 2011, which rejected the wife's application for direction to ...

High Court

Bombay High Court Allows Interim Relief Under Section 9 of Arbitration Act in Commodity Exchange Dispute — Petitioner Granted Access to Warehouse for Inspection and Sampling of Steel Coils. Court held that preservation of subject matter is essential to prevent irreparable loss and that balance of convenience favored the petitioner.

9 Mar 2012

The petitioner, National Commodity and Derivative Exchange Ltd. (NCDEX), a multi-commodity exchange providing an online platform for trading futures c...

High Court

Bombay High Court Dismisses Petition Challenging Licence Revocation for Non-Payment of Stallage Charges. Licence Cancellation for Breach of Payment Conditions Upheld as Petitioner Failed to Pay Dues Despite Multiple Notices Under Sections 401, 411, 479 of Mumbai Municipal Corporation Act, 1888.

11 Mar 2005

The petitioner, Dilip Vasant Shinde, was allotted Shop No.55 in Hirachand Desai Municipal Market, Ghatkopar, Mumbai, in 1988 on a licence issued under...

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