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Supreme Court Dismisses Appeals of Generating Company and State Utility in Electricity Tariff Dispute. Deemed Generation Incentive Not Payable After 1995 Notification; Supplementary Agreement Bars Retrospective Interest on Deemed Loan.

The Supreme Court dismissed two appeals arising from a common order of the Appellate Tribunal for Electricity (APTEL) concerning a power purchase agre...

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High Court of Bombay Decides Writ Petition Against ONGC's Banning Order. Petitioner Challenges Three-Year Blacklisting on Grounds of Natural Justice Violation.

The petitioner, M/s J.K. Surface Coatings Pvt. Ltd., a company engaged in corrosion resistant coating application, challenged a banning order dated 25...

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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Dismisses MSEB's Challenge to Sale of Captive Power to Third Party Without Licence Under Electricity Act, 2003. Captive Generating Plant Not Required to Obtain Licence for Sale to Another Industrial Consumer Under Section 9 Read With Section 42 of the Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (MSEB), filed a writ petition challenging the order of the Maharashtra State Electricity Regulator...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Pipeline Construction Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahanagar Gas Ltd., challenged an arbitral award dated 5th March 2010 passed by a sole arbitrator under Section 34 of the Arbitration ...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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Bombay High Court Quashes BPCL Circular Imposing Refill Ceiling Limits on LPG Distributors as Unilateral and Arbitrary. Distributorship Agreements Without Ceiling Limits Cannot Be Varied Unilaterally by Issuing Circulars.

The petitioners, seven LPG distributors of Bharat Petroleum Corporation Limited (BPCL), challenged a circular dated 4 January 2018 and a subsequent co...

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High Court of Bombay Considers Challenge to Banning Order Issued by Public Sector Undertaking – Allegations of Blacklisting Without Proper Notice and Violation of Fundamental Rights. Petitioner Contends That Show Cause Notice Did Not Specify Intention to Ban for Three Years, Rendering Order Arbitrary.

The writ petition under Article 226 of the Constitution of India was filed by a private limited company engaged in corrosion resistant coating applica...

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Bombay High Court Allows ONGC's Petition Against Industrial Tribunal Award on Pay Fixation for Contract Workers. The Court held that the Tribunal exceeded its jurisdiction by directing ONGC to directly pay wages to contract labour without a finding of employer-employee relationship.

The writ petition was filed by Oil and Natural Gas Corporation Limited (ONGC) challenging an award passed by the Central Government Industrial Tribuna...