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Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

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Bombay High Court Allows Petition and Declares Land Acquisition Lapsed Under Section 11A of Land Acquisition Act, 1894 Due to Non-Compliance with Time Limit. Award Excluding Subject Lands and Subsequent Inaction for Over Two Decades Leads to Lapsing of Acquisition Proceedings.

The petitioners, legal heirs of the original landowner Laxman Mahadev Katkar, challenged the land acquisition proceedings initiated by the State of Ma...

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Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

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Bombay High Court Allows State's Appeal Against Enhanced Interest in Land Acquisition Case. Reference Court Cannot Modify Award After Signing as It Becomes Functus Officio.

The State of Maharashtra appealed against a judgment and order dated 21st February 1992 passed by the Reference Court (Joint District Judge, Nashik) i...

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Bombay High Court Directs Disposal of Section 28A Applications Despite Pending Appeals in Land Acquisition Case. Landowners' Applications for Redetermination of Compensation Cannot Be Kept Pending Solely Due to Pendency of State's Appeals Against Reference Court Award.

The petitioners were owners of lands acquired under the Land Acquisition Act, 1894. An award under Section 11 was made in 1988. In 1999, they filed ap...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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Bombay High Court Dismisses Landowners' Petition for Enhanced Compensation in Land Acquisition Case. Market Value Determination Based on Previous Awards and Sale Instances Upheld Under Section 23 of Land Acquisition Act, 1894.

The judgment involves two writ petitions arising from land acquisition proceedings for a public purpose. The petitioners in Writ Petition No.2932 of 2...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...