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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Supreme Court Allows Consumer Appeal in Car Delivery Dispute, Restoring Lower Forum Orders. National Commission Exceeded Revisional Jurisdiction Under Section 21(b) of Consumer Protection Act, 1986 by Interfering with Concurrent Findings of Fact on Used Car Delivery.

The dispute arose from a consumer complaint where the appellant booked and paid the full sale consideration for a new Tata Victa GX TC car from the de...

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Gujarat High Court Dismisses State's Appeal for Condonation of 837-Day Delay Due to Lack of Plausible Explanation — Administrative Apathy Not Sufficient Ground for Condonation Under Section 5 of Limitation Act, 1963.

The State of Gujarat and another (the applicants) filed a Civil Application under Section 5 of the Limitation Act, 1963, seeking condonation of 837 da...