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High Court of Bombay Dismisses Arbitration Application Due to Non-Existence of Arbitration Agreement — No Prima Facie Case for Reference to Arbitration Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, Unistar Metals Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking reference ...

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High Court of Judicature at Bombay Allows Petitioners in DCR Interpretation Case Following Supreme Court's Godrej & Boyce Ruling. The Court Holds That Paragraph 6 of Appendix VII Entitles Owner to DRC Equal to Area of Constructed Amenity, Rejecting Circulars Limiting to 25%.

Background: The consolidated writ petitions were filed before the High Court of Judicature at Bombay under Article 226 of the Constitution concerning ...

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Bombay High Court Adjudicates Batch of Writ Petitions Filed by Sugar Factories and Distilleries Against State of Maharashtra Regarding Excise Transport Fees. Petitioners Challenged Validity of Transport Fee Demands Under Bombay Prohibition Act, 1949.

The Bombay High Court, in exercise of its civil appellate jurisdiction, adjudicated a batch of fifty-one writ petitions filed by various sugar factori...

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Bombay High Court Dismisses Writ Petitions Challenging Central Administrative Tribunal Order in Apprentice Absorption Dispute — Seniority Computation Based on Date of Absorption Upheld.

The judgment concerns two writ petitions filed by employees of the Naval Dockyard, Mumbai, challenging an order of the Central Administrative Tribunal...

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Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Bombay High Court Allows Election Petition Filed Online Within Limitation Despite Procedural Deficiency. Procedural deficiency in online filing within limitation period does not render petition time-barred under Maharashtra Local Authority Members' Election Rules, 1966.

The case involves two writ petitions challenging the dismissal of election petitions as time-barred by the District Judge, Raigad. The election result...