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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

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Bombay High Court Examines Challenge to Charge-Sheet Issued Under Rule 14 CCS (CCA) Rules Two Days Before Retirement. Department's 13-year delay in initiating proceedings and subsequent acquittal in criminal case on same facts raised questions of law.

The petitioner, a member of the Indian Revenue Service (Customs and Central Excise) recruited in 1979, was working as Additional Commissioner of Custo...

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Supreme Court Allows Appeal in Power Tariff Dispute — State Directed to Compensate Appellant for Delayed Transmission Line Construction. Contractual Obligation to Provide Free Power Under Clause 10 of Agreement Cannot Be Avoided Due to KSEB's Failure to Complete Transmission Line.

The case involves an appeal by Indsil Hydro Power & Manganese Ltd against the State of Kerala and the Kerala State Electricity Board (KSEB) regarding ...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

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Bombay High Court Dismisses Petitions Challenging Premium and Interest Demands for Leasehold Land Conversion in Navi Mumbai. CIDCO's demand for premium and interest under Development Charges Rules and lease terms upheld as valid and not arbitrary.

The petitioners, Shelton Infrastructure Pvt Ltd, Neelkanth Infratech Co., and M/s. Juhi Habitat Pvt. Ltd., were lessees of plots in Navi Mumbai under ...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in Casing Pipes Supply Dispute. Liquidated Damages Deduction Set Aside as No Actual Loss Proven Under Section 74 of the Indian Contract Act, 1872.

The case involves a dispute between Oil and Natural Gas Corporation Limited (ONGC), the petitioner, and Oil Country Tubular Limited, the respondent, a...