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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public se...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Price Adjustment Dispute Under World Bank-Financed Contract. Court Upholds Majority Award's Interpretation of Price Adjustment Clause but Modifies Interest Rate from 18% to 12%.

The petitioner, M/s. Angerlehner Structurals & Civil Engineering Co., was awarded a contract by the Municipal Corporation of Greater Mumbai (MMC) for ...

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Bombay High Court Allows Section 34 Petition Despite Arbitration at Calcutta Due to Exclusive Jurisdiction Clauses. Parties Bound by Agreement Conferring Exclusive Jurisdiction on Mumbai Courts Over All Disputes.

The petitioner, ISE Securities & Services Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

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Bombay High Court Upholds Arbitral Award Setting Aside Compensation Levy in Construction Contract Dispute. Levy of Compensation Under Clause 2 of GCC Invalid for Non-Compliance with Contractual Mechanism of Show Cause Notice and Quantification.

The judgment concerns two arbitration petitions arising from a construction contract between the General Manager, Heavy Water Plant (Manuguru) (petiti...

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Bombay High Court Dismisses Appeal Seeking Discharge from Undertaking in Consent Terms — Undertaking Given in Consent Terms Cannot Be Modified Unilaterally Without Proof of Fraud or Mistake.

The appeal arises from a judgment and order of the learned Single Judge dated 27 June 2011, dismissing a Notice of Motion taken out by the Appellants ...

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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...

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Bombay High Court Dismisses Management's Petition in Teacher Termination Case. Education Officer's Order to Recover Salary Arrears from Non-Salary Grants Upheld as Management Failed to Reinstate Teacher After Approval Modification.

The case involves a writ petition filed by Bahujan Vikas Education Society and its Headmaster against Mrs. Vidya Devi Raut and education authorities. ...