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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Enquiry Officer's Report Not Furnished to Contractor Before Imposing Ban, Rendering Order Arbitrary and Unreasonable Under Article 14.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by Respondent No.2, Oil and N...

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Bombay High Court Dismisses Petition by Domestic Bidder Challenging Contract Award to Foreign Company. Price Preference Claim Rejected for Non-Compliance with Bid Conditions.

The Petitioner, Punj Lloyd Ltd., a domestic company, filed a writ petition under Article 226 of the Constitution challenging the award of a contract b...

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Bombay High Court Dismisses Petitioner's Challenge to ONGC's Decision to Open Price Bid of Technip in Tender for Onshore Terminal. Court holds that deficiencies in technical bid were curable and decision based on Independent External Monitor's recommendation was not arbitrary.

The Petitioner, KSS Petron Pvt. Ltd., challenged a communication dated 6th January 2014 from Respondent No.1, Oil and Natural Gas Corporation Ltd. (ON...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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High Court of Bombay at Nagpur Dismisses Petitions Challenging Cancellation of Tender by Western Coalfields Limited. Tender cancellation upheld as employer has discretion to cancel tender before issuance of purchase order, and no concluded contract exists.

The judgment concerns two writ petitions filed by successful bidders challenging the cancellation of a global tender issued by Western Coalfields Limi...

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Bombay High Court Sets Aside Arbitral Award in ONGC Blacklisting Dispute — Arbitrator Exceeded Scope of Reference. Award Directing Withdrawal of Blacklisting Letter and Restoration of Business Credibility Held Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Oil & Natural Gas Corporation Limited (ONGC), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challen...

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Bombay High Court Dismisses Writ Petition Challenging Tender Award in Public Procurement Contract. Court holds that the decision of the employer to accept a bid with minor deviations is not arbitrary or mala fide and does not warrant interference under Article 226 of the Constitution of India.

The petitioner, Cyfuture India Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the decision of respo...

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High Court of Karnataka Declines to Interfere in Tender Award for Ash Handling Plant; Holds Scope of Judicial Review Limited and Finds No Arbitrariness in Awarding Contract to Lowest Bidder Consortium Despite Office Memorandum Barring Chinese Companies.

The writ petition was filed by Macawber Beekay Pvt. Ltd. challenging the notice inviting tender dated 24.06.2022 and the consequent letter of intent i...