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Supreme Court Interprets Applicability of Written Statement Time Limit to Counter-Claim in Commercial Suits. The Court Examined Whether the 120-Day Limit Under Order VIII Rule 1 CPC Applies to Plaintiffs' Reply to Counter-Claims Governed by the Commercial Courts Act, 2015.

This matter arose from a commercial suit for recovery of money filed by the appellants (plaintiffs) against the respondents (defendants). The defendan...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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High Court of Judicature at Bombay Considers Legality of Unreasoned Decision on Notary Application. Collector's Omission to Provide Reasons Raises Issue Under Article 226 of the Constitution.

The petitioner, Surekhaben Chhaniyabhai Varli, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicatur...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Allows Writ Petition Challenging Retail Outlet Dealership Selection for Arbitrary Marking. Court directs reassessment of marks for 'Liquid cash' criterion and fresh selection process.

The petitioner, Shri Pundalik Tukaram Chowgule, filed a writ petition before the Bombay High Court at Goa challenging the selection process for a Reta...