Search Results for "binding contract"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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High Court

Bombay High Court Partially Allows Arbitration Petition Challenging Award in Construction Contract Dispute — Holds Arbitrator's Findings on Delay and Liquidated Damages Suffer from Patent Illegality and Perversity. The court set aside the award of liquidated damages under Section 34 of the Arbitration and Conciliation Act, 1996, finding that the arbitrator ignored the back to back nature of the contract and evidence that the respondent had been granted extension of time by the principal employer without levy of liquidated damages.

14 Dec 2018

The case involves an arbitration petition filed by Punj Lloyd Ltd. (petitioner) challenging an arbitral award dated 31 August 2012 passed by a sole ar...

High Court

Bombay High Court Partially Allows Contractor's Petition and Dismisses State's Petitions in BOT Contract Dispute — Extension of Concession Period and Damages for Suspension of Toll Collection Upheld. The court upheld the arbitral tribunal's interpretation of the BOT contract regarding extension of concession period and damages, finding no error apparent on the face of the award under Section 30 of the Arbitration Act, 1940.

12 Feb 2015

The judgment concerns three arbitration petitions arising from two arbitral awards under the Arbitration Act, 1940, relating to a Build, Operate and T...

High Court

Bombay High Court Allows Writ Petition Challenging Tender Cancellation and Rejection of Highest Bid in Municipal Contract for Construction of Shopping Complex. Court holds that the Municipal Council's decision to cancel the tender and reject the highest bid was arbitrary, unreasonable, and violative of Article 14 of the Constitution, as the bidder was not given an opportunity to explain the alleged discrepancy in the bid document.

6 May 2022

The petitioner, Khilari Infrastructure Pvt. Ltd., challenged the decision of the Osmanabad Municipal Council (Respondent No. 5) to cancel the tender p...

High Court

Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

8 Sep 2010

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

15 Sep 2014

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

4 Feb 2013

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Sets Aside Concurrent Findings for Failure to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963. The court held that mere production of a cheque during evidence without other proof does not satisfy the requirement of readiness and willingness, and a plaintiff claiming additional payment beyond the agreement must prove it.

30 Sep 2022

The case involves a second appeal arising from a suit for specific performance of an agreement to sell. The appellant, original defendant no.1, challe...

Supreme Court

Supreme Court Reinstates Arbitral Award in Construction Contract Dispute Under Arbitration Act, 1940. The Court held that judicial interference in arbitral awards is limited to grounds of error on the face of the award or misconduct, and the High Court exceeded its jurisdiction by re-appreciating evidence on extension of time, termination validity, and idle hire charges.

18 Jan 2022

The dispute arose from a construction contract dated 16th November 1988 between a construction company (appellant-claimant) and the Union of India (re...

High Court

COMMERCIAL ARBITRATION PETITION NO. 984 of 2018

18 Jun 2025

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High Court

Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

5 Oct 2012

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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