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Bombay High Court Considers Section 9 Petition Seeking Renewal of Bank Guarantees Pending Section 34 Challenge to Arbitral Award. Liquidated Damages Claim in Public Utility Contract Examined for Prima Facie Case in Light of Saw Pipes and Construction & Design Services Precedents.

The proceedings arose from a contract between Oil and Natural Gas Corporation Limited (ONGC) and Afcons Gunanusa Joint Venture for construction, insta...

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CRIMINAL WRIT PETITION NO. 3301 OF 2018

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Supreme Court Dismisses DISCOM's Appeal in Solar PPA Force Majeure Dispute — Restrictive Appellate Jurisdiction Under Section 125 of Electricity Act, 2003 Affirmed. Government Delays in Approvals Constitute Force Majeure; No Tariff Reduction or Liquidated Damages When Developer Not at Fault.

The Supreme Court of India dismissed appeals by Bangalore Electricity Supply Company Limited (BESCOM) against an order of the Appellate Tribunal for E...

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Bombay High Court Dismisses Appeal in Lease Dispute Over Condition Precedent. Letter of Acceptance with Condition of Government Approval Does Not Form Concluded Contract Under Indian Contract Act.

The case involves an appeal by Mystical Techplast Pvt. Ltd. against the Maharashtra State Road Development Corporation (MSRDC) concerning a lease of t...

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Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...