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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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Bombay High Court Allows Appeal by MIDC in Contract Breach Case — No Binding Contract Without Work Order. Mere acceptance of tender does not create contractual obligations; formal work order essential under tender conditions.

The case involves an appeal by the Maharashtra Industrial Development Corporation (MIDC) against a decree passed in Special Civil Suit No.99/2009, whe...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Contract Dispute Over Reduced Supply Quantity and Performance Bank Guarantee. Court Restrains Invocation of Bank Guarantee and Coercive Steps Pending Arbitration, Finding Prima Facie Case of Contract Variation and Force Majeure.

The petitioner, Sanmit International FZE, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief again...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

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Bombay High Court Dismisses Petition Challenging Cancellation of Tender Award for Non-Submission of Performance Bank Guarantee. Tender Conditions Requiring Strict Compliance with Time Limits for Furnishing Bank Guarantee and Letter of Acceptance Are Valid and Enforceable.

The petitioner, Proactive In & Out Advertising Pvt. Ltd., challenged the cancellation of a tender award by Pune Mahanagar Parivahan Mahamandal Ltd. (r...

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Bombay High Court Dismisses Petition of Chief Manager Challenging Disciplinary Action for Accepting Forged Bank Guarantee. Reduction in Pay Scale Upheld as Misconduct Proven Under CMC Manual.

The petitioner, Rajendraprasad Shukla, was employed as Chief Manager (Finance) at Western Coalfields Limited (WCL), a subsidiary of Coal India Limited...

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High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...