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Bombay High Court Partially Allows Appeal Against Setting Aside of Arbitral Award in Development Dispute. Court Upholds Damages for Breach but Disallows Compound Interest.

The judgment arises from two arbitration appeals under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a common order dated 25th...

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Bombay High Court Quashes BMC Recovery Order in Contract Dispute — Unilateral Recovery Without Notice Violates Natural Justice. Petitioner's dues cannot be withheld without prior notice and opportunity of hearing under Article 226 of the Constitution of India.

The petitioner, Michigan Engineers Pvt. Ltd., a company engaged in infrastructure and construction services, filed a writ petition under Article 226 o...

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Bombay High Court Examines MCD's Recovery Notices Against MEPIDL for Territorial Overreach. Cross-Petitions on Attachment of Assets Outside Delhi Under DMC Act, 1957.

The dispute arose from a contract dated 28th September 2017 between MEP Infrastructure Developers Limited (MEPIDL), a Mumbai-based enterprise, and the...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Agreement Found Valid Through Sales Terms and Conditions on Website and Invoices Accepted by Respondent.

The applicant, Ingram Micro India Pvt. Ltd., a distributor of computer products, filed an application under Section 11 of the Arbitration and Concilia...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Bombay High Court Dismisses Execution Application Filed by Claimant Against Respondent in Arbitration Matter — Decision by IMPPA Committee Not an Arbitral Award Under Arbitration and Conciliation Act, 1996.

The case involves a chamber summons filed by the respondent, Sanjay Dutt, seeking dismissal of an execution application filed by the claimant, Shakeel...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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Bombay High Court Dismisses Municipal Council's Petitions Against Labour Court Awards in Retrenchment Compensation Cases. Held that Section 25F of the Industrial Disputes Act, 1947 does not require a separate notice of retrenchment when the employee is already aware of the closure of the establishment.

The judgment involves a batch of writ petitions filed by the Municipal Council, Tirora, and its President against common orders passed by the Labour C...