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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Broker-Client Dispute. Court Upholds Award Directing Payment of Rs.1,58,39,459.87 but Refuses Interest and Costs Under Section 34 of Arbitration & Conciliation Act, 1996.

The appellant, Harinarayan Bajaj, entered into various share transactions on the Bombay Stock Exchange (BSE) through the respondent, Madhukar Sheth, w...

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High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute.

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction ...

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High Court of Karnataka Hears Petitions for Appointment of Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996. Contractors and service providers seek independent arbitrator for claims against Bruhat Bangalore Mahanagara Palike under Clause 10 of Agreement dated 15-03-2007.

Multiple civil miscellaneous petitions were filed by contractors and service providers before the High Court of Karnataka at Bengaluru under Section 1...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Petitioner in Iron Ore Fines Sale Dispute. Rejects Respondent's Challenge Based on Public Policy and Natural Justice Under Sections 44-49 of Arbitration & Conciliation Act, 1996.

The petitioner, Noble Resources Ltd., a Hong Kong company, entered into a contract on 9 May 2008 with the respondent, Twenty First Century Wire Roads ...

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Bombay High Court Allows Section 14 Petitions to Terminate Arbitrator Mandate Due to Deemed Waiver of Right to Object. Arbitrator appointed by Co-operative Bank under MSCS Act failed to disclose interest and continued proceedings despite jurisdictional challenge, leading to termination of mandate.

The petitioners, Kalpesh Shantikumar Mehta and others, along with KSM Multitrade LLP and others, filed two petitions under Section 14 of the Arbitrati...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appoin...