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Bombay High Court Dismisses Writ Petition Challenging Tender Cancellation in DMICDC Project — Upholds Right of Tenderer to Withdraw Before Acceptance Under Section 5 of Indian Contract Act, 1872.

The Government of India envisaged the development of the Delhi-Mumbai Industrial Corridor (DMICDC), a large infrastructure project covering approximat...

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High Court of Karnataka Appoints Arbitrator in Commercial Lease Dispute — Failure to Nominate Arbitrator Despite Arbitration Clause. Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, where a party fails to appoint an arbitrator, the court may appoint one.

The petitioner, Satyam Cineplexes Limited, a company engaged in managing multiplex cinema halls, entered into a Memorandum of Understanding (MOU) on 1...

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Karnataka High Court Hears Appeal Under Order 43 Rule 1(r) CPC Against Dismissal of Interim Injunction Applications in Suit for Recovery of Mortgage Debt. Appellant Sought to Restrain Further Mortgage and Commercial Operations Pending Suit.

The appeal arose from a recovery suit filed by M/s Gaurav Rose Real Estate Pvt. Ltd. against M/s Blue Horizon Hotels Pvt. Ltd. and others for Rs.5 cro...

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High Court of Bombay Considers Challenge to Rejection of Technical Bid in Tender for Bus Station Reconstruction Dindori. The petitioner alleges arbitrariness in disqualification for want of signed Geo-tagging certificate despite alleged non-cooperation of authorities.

The High Court of Bombay heard a writ petition filed by M/s. C4 Infrastructure Pvt. Ltd., a company registered under the Companies Act, 2013 and engag...

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Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Investment Dispute. Court upholds award of damages for breach of investment agreement, finding no patent illegality or perversity in arbitrator's findings.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 15th June 2017. The petitioner...

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Bombay High Court Allows Appeal in Winding-Up Petition, Sets Aside Conditional Deposit Order for Lack of Jurisdiction. Dispute over unpaid dues under the Forward Contracts (Regulation) Act, 1952 cannot be adjudicated in winding-up proceedings under the Companies Act, 1956.

The appeal arose from an order dated 27 September 2017 passed by the learned Company Judge in Company Petition No. 192 of 2016, directing the responde...

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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...