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Bombay High Court Allows Declaration of Lapsed Reservation Under Section 127 of MRTP Act for Land Reserved for Public Primary School Extension. The court held that failure to acquire land within 10 years of purchase notice results in deemed lapse of reservation.

The petitioner, Ramakant Vasudeo Pai, owned land bearing Survey No. 21/2/C, admeasuring 1,170.92 square meters, situated at Lonavala, Pune. The land w...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Bombay High Court Dismisses Union of India's Petition Challenging Arbitral Award in Railway Lease Dispute. Arbitrator's finding of breach of contract and award of damages upheld as not perverse under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, through the General Manager of Western Railway, filed a petition under Section 34 of the Arbitration and Conciliation ...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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Bombay High Court Dismisses Promoter's Appeal in RERA Case — Force Majeure Clause Cannot Override Statutory Right to Interest Under Section 18 of RERA Act. Promoter Liable to Pay Interest for Delayed Possession Even if Delay Due to Events Beyond Control.

The case involves an appeal filed by Sanvo Resorts Pvt. Ltd. & Ors. (the promoter/developer) under Section 58 of the Real Estate (Regulation and Devel...

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Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...

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Bombay High Court Sets Aside Arbitral Award for Violation of Mandatory Time Limit Under NSEIL Byelaws. Award passed beyond six-month period without extension provision is illegal and liable to be quashed under Section 34 of the Arbitration and Conciliation Act, 1996.

The Petitioner, a constituent, challenged an arbitral award dated 19 September 2009 passed by a panel of Arbitrators appointed under the Byelaws, Rule...

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Bombay High Court Quashes Termination of Lease for Delay in Hotel Construction Due to Economic Slowdown and Infrastructure Delays. Extension of Time Granted Without Additional Premium Under Agreement to Lease.

The petitioners, M/s. PVP Star Hotels Private Limited and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India ...