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Bombay High Court Dismisses Appeal Against Rejection of Section 9 Petition Seeking Injunction on Bank Guarantee Invocation. Performance Bank Guarantee Invocation Upheld as No Fraud or Irretrievable Injustice Established Under Contract Clause 4.2.

The appellant, Tata Projects Limited, was awarded a turnkey contract by respondent No.1, Hazel International FZE, for constructing a Chemical Storage ...

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Grants Interim Injunction Restraining Invocation of Bank Guarantee in Supply Contract Dispute. Prima Facie Fraud and Irreparable Injury Established by Plaintiff Supplier Against Beneficiary.

The plaintiff, M/s. Arad Metering Technologies Ltd., filed a suit seeking a restraint order against Defendant No.1, Axelia Utility Management Pvt. Ltd...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...