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Bombay High Court Allows Writ Petition in Insurance Claim Dispute — Mandamus Issued for Reimbursement of Neonatal Treatment Expenses. Clause 3.11 of Mediclaim Policy Interpreted to Cover New-Born Babies from Birth, Not After 90 Days.

The petitioner, Rita Kirit Joshi, held two Mediclaim policies with New India Assurance Company (respondent no. 1) covering herself and her family. She...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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Bombay High Court Allows Writ Petition Challenging Industrial Court Order That Quashed Labour Court's Decision on Date of Birth Correction. Employer Cannot Unilaterally Change Employee's Date of Birth Without Following Proper Procedure and Without Giving Opportunity of Hearing.

The petitioner, Sonabai Harchand Gurav, was employed as a Gramsevika with the Zilla Parishad, Nandurbar, on 14.01.1977. Her date of birth was recorded...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Development Dispute — No Valid Arbitration Agreement Exists as Alleged Agreement Was Never Finalized or Executed by Both Parties.

The applicant, G.A. Builders Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession — Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 Held Mandatory but Not Required When Suit Is Against Society in Respect of Its Business.

The petitioner, Pimpri Refugee Industrial Co-operative Society, challenged the concurrent judgments of the trial court and the first appellate court w...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...