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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Allows State of Goa's Claim for Port Services as Admiralty Claim Against Vessel Sale Proceeds. Port Authority's Services to Vessel in Distress Constitute Maritime Claim with Priority Over Other Claims.

The plaintiff, State of Goa through Captain of Ports, filed an admiralty suit claiming recovery of Rs. 1,31,60,000/- for services rendered to the vess...

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Bombay High Court Dismisses Admiralty Suit for Lack of Jurisdiction in Collision Case — Cause of Action in Goa, Not Bombay. Vessel Registration Alone Does Not Confer Jurisdiction Under Section 6 CPC and Letters Patent.

The plaintiffs, V.M. Salgaocar & Bros. Ltd., filed an admiralty suit in the Bombay High Court claiming damages of Rs.13,33,70,000/- with interest for ...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

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High Court of Bombay Examines Limitation for Suit Against Port Trust Under Section 120 of Major Port Trusts Act, 1963. Plaintiffs' Notice Under Section 120 Sent More Than Five Years After Lease Expiry and Accrual of Cause of Action.

The suit was instituted by Kewal Kishan Aggarwal and others against the Board of Trustees of the Port of Mumbai seeking renewal of seven leases that e...

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Bombay High Court Dismisses Petition Challenging Distance Requirement Between General and Hazardous Cargo at Container Freight Stations. Circular 4/2011 and Public Notice 8/2011 prescribing 30-meter distance held valid under Customs Act, 1962 and Environment (Protection) Act, 1986.

The petitioner, M/s. CFS Association of India, representing eleven Container Freight Stations (CFS) handling nearly 80% of local container cargo at Nh...