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Supreme Court Upholds Award of Contract to Successful Bidder in Tender Dispute, Setting Aside High Court's Interference. Judicial Review in Tender Matters is Limited to Examining Arbitrariness and Procedural Fairness, Not Re-evaluating Merits, Especially After Contract Execution Under the Tender Terms.

The dispute arose from a tender floated by Respondent for operation and maintenance of a gas-based power plant. The tender used a Quality and Cost Bas...

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Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

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High Court of Karnataka Allows Union of India's Revision in Arbitration Execution Case Due to Merger of Interim Award with Final Award. Interest Calculation Must Be Based on Final Award Under Section 31(7)(b) of Arbitration and Conciliation Act, 1996.

The Union of India, owning South Western Railway, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

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Bombay High Court Hears Section 34 Petition Against Arbitral Awards in Information Technology Upgrade Contract Dispute. Petition Challenges Awards Granting Refund and Rejecting Counter Claims.

The petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by CMC Limited (original respondent in the arbitration) impugnin...

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INTERIM APPLICATION NO.1767 OF 2020

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

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High Court of Bombay Hears Section 34 Petition Concerning Forfeiture of Bid Securities in Tender Process. The Petition Questions Whether the Arbitrator Correctly Interpreted Clause 19.6 of the Tender Instructions and the Law on Bank Guarantees.

The dispute arose out of a tender process floated by the Maharashtra State Electricity Distribution Company Limited for supply, construction, and comm...