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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Supreme Court Allows Insurance Company's Appeal, Sets Aside Arbitrator Appointment in Insurance Claim Dispute. Full and Final Settlement Discharge Voucher Signed Without Demur Bars Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Supreme Court of India heard appeals by United India Insurance Co. Ltd. against a Delhi High Court order appointing an arbitrator under Section 11...

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Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Misappropriation Case — Dispute Held to be of Civil Nature. The court held that when police after inquiry conclude a dispute is civil, a writ of mandamus cannot compel FIR registration; remedy lies under Section 156(3) CrPC.

The petitioner, Narendra Nagindas Rathod, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court s...

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High Court of Karnataka Dismisses Appeal by Mysore Minerals Limited in Arbitration Challenge — Rejects Reappreciation of Evidence Under Section 34. Court holds that arbitral tribunal's interpretation of contract terms is final and not perverse, affirming dismissal of petition to set aside award.

The appellant, Mysore Minerals Limited (MML), a government undertaking engaged in mineral extraction and export, issued a tender notice on 18.5.1995 i...

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KAHC010259352010_1

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KAHC010306832010_1

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