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Supreme Court Allows Appointment of Arbitrator in Defence Contract Dispute Over Encashment of Warranty Bond. The court held that the claims were not barred by limitation as bilateral discussions continued until 2019, and the arbitration clause covered the dispute.

The petitioner, a Swiss company engaged in arms manufacturing, entered into a contract with the Ministry of Defence, Government of India, for supply o...

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Bombay High Court Allows Refund of Premium Paid for FSI Exclusion in Town Planning Case — No Development Commenced, No Benefit Availed. The court held that retention of premium without providing any benefit amounts to unjust enrichment under the Maharashtra Regional and Town Planning Act, 1966.

The petitioners, Shri Prasad Pandurang Tapkir and Smt. Shakuntala Pandurang Tapkir, filed a writ petition challenging the order dated 15 February 2020...

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Supreme Court Dismisses Appeal in Contractual Dispute Over Lease Agreement Execution. High Court's Decision to Relegate Parties to Appropriate Forum Upheld Due to Disputed Questions of Fact Under Article 226 of the Constitution of India.

The dispute arose from a lease agreement for Hotel Nilachal Ashok in Puri, where the State of Odisha had granted a 99-year lease to Utkal Ashok Hotel ...

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Bombay High Court Quashes Cancellation of Sand Ghat Allotments in Re-auction Dispute — Violation of Natural Justice and Lack of Hearing. The court held that cancellation of allotment without notice and hearing is arbitrary and unsustainable under Article 226 of the Constitution of India.

The petitioners, five proprietors of firms, were allotted sand ghats through an auction process. However, the respondents issued a re-auction notice o...

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Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Failure of Respondent to Appoint Arbitrator Within 30 Days of Demand Triggers Court's Power to Appoint Arbitrator.

The applicant, M/s. Railtech Infraventure Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appoi...

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Bombay High Court Dismisses Petitions Seeking Mandamus to Enforce Lease Renewal Clause Against Central Railway. Clause 20.1 of Lease Agreement Does Not Confer Automatic Right of Renewal; Railway's Discretion to Invite Fresh Tenders Upheld.

The judgment concerns two writ petitions filed by Parcel Carriers (India) Pvt Ltd and Scorpion Express Pvt Ltd against the Union of India and Central ...