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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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NCLAT Dismisses Appeal Against Rejection of Section 9 Petition Due to Pre-Existing Dispute and Section 10A Bar. Operational Creditor's Claim Time-Barred and Default Occurred During Prohibited Period Under IBC.

The appeal was filed by Royal Construction (Operational Creditor) against the order of the National Company Law Tribunal, Mumbai Bench, which dismisse...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Bombay High Court Allows Appeal of Employee in Termination Dispute — Reinstatement with Back Wages Granted. Single Judge's Order Set Aside as Termination Found Illegal Without Proper Inquiry Under Section 5 of the Maharashtra Universities Act, 1994.

The appellant, Prakash s/o Makdu Patil, was employed as a permanent employee with the Abhay Yuva Kalyan Kendra Sanchelit Women's College, Dhule. He wa...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...

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Bombay High Court Allows Employer's Petition in Unfair Labour Practice Case Due to Denial of Termination. Employer's Affidavit Stating No Termination Occurred Renders Complaint Under Item 1 of Schedule IV of MRTU and PULP Act, 1971 Infructuous.

The petitioner, M/s Satish Motors Limited, challenged an order of the Labour Court directing it to deposit three months' wages in a complaint filed by...