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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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High Court of Bombay Addresses Challenge to Arbitral Award Granting Damages in Electricity Supply Contract Dispute. Tribunal's Award of Damages for Installed Objects Questioned on Grounds of Fundamental Breach Limited to Uninstalled Units Under Section 34 of Arbitration and Conciliation Act, 1996.

The arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB) and it...

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ARBITRATION PETITION NO.549 OF 2013

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Bombay High Court Dismisses Petitioners' Writ Petitions in Unfair Labour Practice Complaints Against Hospital. The Court held that the Industrial Court correctly declined jurisdiction when the employer-employee relationship was disputed due to contract labour claims, following Supreme Court precedents.

The litigation arose out of writ petitions filed by a group of workers (Aayas and Ward Boys) challenging the Industrial Court's dismissal of their com...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Bank Guarantee Dispute — Exclusive Jurisdiction Clause in Contract Confers Jurisdiction on Chennai Courts. Plaintiff L&T's Suit Challenging Invocation of Performance Bank Guarantee Dismissed as Bombay High Court Has No Territorial Jurisdiction.

The plaintiff, Larsen & Toubro Limited (L&T), filed a suit in the Bombay High Court seeking a declaration that the invocation of a Performance Bank Gu...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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High Court of Bombay at Goa Dismisses State's Appeal in Contract Dispute, Upholds Decree for Payment of ₹43,03,412.92 with Interest. Delay and Hindrances Caused by State Constitute Breach of Contract, Entitling Contractor to Damages.

The State of Goa, through the Chief Secretary, appealed against the judgment and order dated 12.11.2009 passed by the District Judge-II, North Goa, Pa...