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High Court of Karnataka Dismisses Appeal by Exporter in Insurance Claim Dispute — Policy Condition Precedent Not Fulfilled. Failure to Obtain Prior Written Consent from ECGC for Extended Credit Terms Bars Recovery Under Section 13(1-A) of Commercial Courts Act, 2015.

The appellant, Prakruthi Products Pvt. Ltd., an exporter of herbal extracts, held an insurance policy with the Export Credit Guarantee Corporation of ...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission Order in Customs Duty Case — Violation of Natural Justice and Lack of Speaking Order. Settlement Commission's order set aside for failing to consider submissions and provide reasons, remanded for fresh consideration.

The petitioners, M/s Halliburton Offshore Services Inc. and its employees, filed a writ petition challenging an order of the Settlement Commission, Cu...

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Bombay High Court Dismisses Suit for Interest on Frozen Bank Account — No Breach of Contract Found. Bank's Compliance with Customs Department Instructions to Freeze Account and Retain Amount in Suspense Account Without Interest Does Not Constitute Breach of Contract.

The Plaintiff, Veritas Exports, a proprietorship concern, filed a suit against the Defendant, Bank of Baroda, seeking a money decree for interest on a...

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Bombay High Court Dismisses Market Committee's Petition Challenging Quashing of Market Fee Demand on Processed Chicken. Processing of Chicken Does Not Constitute 'Sale' of Agricultural Produce Under the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

The petitioners, Agricultural Produce Market Committee, Panvel, and its Chairman, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Revenue Sharing Dispute. Court upholds award granting 7% revenue share and costs, finding no patent illegality or perversity in arbitrator's interpretation of contract clauses.

The petitioner, Taj Air Ltd. (formerly Megapode Airlines Ltd.), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, seeki...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

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Bombay High Court Upholds Octroi Levy on Imported Aircraft Parts in Customs Bonded Warehouse — Entry into Municipal Limits Occurs Upon Removal from Warehouse. Interpretation of 'Goods' and 'Entry' Under Section 192 of Mumbai Municipal Corporation Act, 1888 Confirms Levy is Valid and Not Ultra Vires.

The judgment concerns two writ petitions filed by Jet Airways (India) Ltd. and Reliance Commercial Dealers Ltd. challenging the levy of octroi by the ...