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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...

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Karnataka High Court Writ Petition Seeks Exemption from 10-Year Study Requirement for Linguistic Minority PG-NEET Seats. Challenge to Government Order ED 165 Mahiti 2018 on Grounds of Discrimination as Exemption Granted for Government Seats Not Extended to Linguistic Minority Private Seats.

The writ petition was filed by Mr. N. Shreyas, an MBBS graduate who completed his internship and appeared for NEET-PG 2022, securing All India Rank 43...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Hears Writ Petition Challenging Grant of Alewadi Port Project to Third Party Under Maharashtra Maritime Board Policies. Petitioner Alleges Arbitrary Treatment and Non-Consideration of Original Proposal Contrary to Port Policies.

The dispute concerns the development of a multipurpose port at Alewadi in Maharashtra under the state's port policies. Petitioner, a UK-based private ...

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Supreme Court Partially Allows Appeal in Recovery Suit Against Sick Industrial Company — Suspension of Proceedings Under Section 22(1) of SICA Does Not Bar Suit for Unadmitted Debt. High Court's Grant of 24% Compound Interest Reduced to 12% Simple Interest.

The case involves a dispute between Fertilizer Corporation of India Ltd. (FCIL), a public sector undertaking, and M/s Coromandal Sacks Private Limited...