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Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Provision for Review Under Arbitration and Conciliation Act, 1996. Review petition under Section 114 CPC held not maintainable against order under Sections 27(1) and 27(2) of the Act.

The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking reca...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 30 of Arbitration Act, 1940 — Upholds Award Allowing Claims and Rejecting Counterclaims. Arbitrator's Findings on Agency Agreement and Limitation Upheld as Not Perverse or Contrary to Law.

The petitioners, Metal Tube And Rolling Mills and others, filed a petition under Section 30 of the Arbitration Act, 1940 challenging an arbitral award...

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WRIT PETITION NO. 6608 OF 2016

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Bombay High Court Allows Termination of Arbitrator's Mandate Under Section 14 of Arbitration and Conciliation Act, 1996 for De Facto Inability to Perform Functions. Arbitrator's Order Returning Statement of Claim and Rejecting Application for Termination of Mandate Set Aside as Without Jurisdiction.

The petitioner, Amar Tea Distributors, a partnership firm, entered into a Distributor Agreement with the respondent, Coca-Cola India Pvt. Ltd., on 7th...