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Bombay High Court Pronounces Verdict in Arbitration Petition Challenging Award That Set Aside Termination of Oil Terminal Operations Contract. Petition Under Section 34 of Arbitration Act Alleges Award is Patently Illegal as Arbitrator Disregarded Contract Terms and Misinterpreted Safety Audit Report.

The dispute arose from an Operating and Services Agreement (OSA) dated 5 May 2015 between HPCL and Aegis for management, operation and maintenance of ...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...

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High Court of Judicature at Bombay Considers Writ Petition Against Industrial Tribunal Award. Award Directed Reinstatement of Workman Dismissed During Conciliation as Void Under Section 33(1)(a) of Industrial Disputes Act, 1947.

The dispute arose from the charge-sheet issued on 28 January 1997 by M/s. Gulf Air to its employee Vinod Malhotra, a Passenger Service Supervisor and ...

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Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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High Court of Bombay Considers Whether Aurangabad Court Had Territorial Jurisdiction Under Section 9 of the Arbitration Act for Property in Hingoli. District Court Held It Lacked Jurisdiction; Appeal Outcome Not Provided.

The dispute arose out of a partnership firm, M/s Kasliwal Empire, formed by the appellant and respondent on 7.3.2007 for developing housing projects. ...

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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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Bombay High Court Sets Aside Revisional Order and Upholds Cooperative Bank's Auction Sale Despite Technical Objection on Deposit. Adjustment of Earnest Money Towards Mandatory 15% Payment Under Auction Terms Held Valid; Defaulting Borrower's Plea Rejected.

The petitioners, a cooperative bank and its Special Recovery Officer, challenged the order dated 19th January 2013 passed by the Divisional Joint Regi...

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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...