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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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Supreme Court Dismisses Licensee's Appeal in Electricity Billing Dispute — Holds Additional Demand Time-Barred for Disconnection Under Section 56(2) of Electricity Act, 2003. The two-year limitation for disconnection runs from the date of the original bill, not from discovery of a billing mistake.

The case involves a dispute between the Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Limited (appellant/licensee) and Rahamatullah Khan alias Ra...

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Supreme Court Allows Carrying Cost in Change in Law Claims Under PPA — Restitutionary Principle Upheld. Article 13.2 of Power Purchase Agreement Entitles Generating Company to Carrying Cost from Date of Change in Law Till Approval.

The case involves appeals by Uttar Haryana Bijli Vitran Nigam Ltd. and Dakshin Haryana Bijli Vitran Nigam Ltd. (Haryana Discoms) and Gujarat Urja Vika...

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Bombay High Court Allows Appointment of Sole Arbitrator in Commercial Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996. Clause 32 of Work Order Held to Contain Valid Arbitration Agreement Despite Ambiguous Wording.

The applicant, M/s. Jay Bhagwati Construction Co., a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...