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Bombay High Court Dismisses Challenge to Arbitral Award in Railway Bio-Diesel Supply Dispute — Fall Clause Interpretation Upheld. Court finds that comparing prices for different delivery distances without adjusting for freight is impermissible, and the arbitral tribunal's view is plausible.

The case involves a challenge by the Union of India (Central Railway) under Section 34 of the Arbitration and Conciliation Act, 1996, against an arbit...

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Bombay High Court Quashes Disqualification of Bidders in Municipal Tenders for Violation of Natural Justice. Tender Committee's Disqualification Orders Set Aside as No Show-Cause Notice or Opportunity of Hearing Was Given Before Blacklisting.

The petitioners, Nitish Kailash Kapadne and Dinkar Dnyandeo Rane, filed two separate writ petitions under Articles 226 and 227 of the Constitution of ...

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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 Dismisses Petition Challenging Arbitral Award in Hotel Sale Dispute. Court upholds award of Rs.1.88 crore with interest for breach of contract, rejecting grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Sahara Hospitality Limited (formerly Batra Hospitality Private Limited), filed a petition under Section 34 of the Arbitration and Conc...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Award in Octroi Computerization Contract. Court upholds tender committee's evaluation of bidder's experience under Clause 18.5 of tender document, finding no arbitrariness.

The petitioner, Vidarbh Infotech Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the decision of Pun...