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Bombay High Court Dismisses Writ Petition Against MSRTC Contract Termination Due to Breach of Contractual Obligations. Court Holds That Article 226 Jurisdiction Cannot Be Ousted by Agreement, But Petitioner Failed to Show Arbitrariness or Unreasonableness in Termination.

The petitioner, M/s S.K. Translines Pvt. Ltd., was awarded a work order by Respondent No. 5 (General Manager (Traffic), MSRTC) for carrying out the bu...

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WRIT PETITION NO. 151 OF 2019

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Bombay High Court Sanctions Scheme of Arrangement in Company Petition for Revival of Sick Pharmaceutical Company. Scheme under Section 391 of Companies Act, 1956, Approved Involving Settlement of Secured Creditors' Dues through Cash and Securities.

The Pharmaceutical Products of India Limited (PPIL), a company incorporated under the Companies Act, 1956, filed two company petitions under Section 3...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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High Court Allows Appointment of Arbitrator in Joint Development Agreement Dispute Despite Unstamped Agreement. Arbitration Clause Held Separable and Enforceable Under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioners, Mr. M.N. Kumar, Mr. R. Venkata Krishna, and Mr. C.S. Mohan, filed a Civil Miscellaneous Petition under Section 11(5) of the Arbitrati...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...