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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

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Bombay High Court Quashes Bank's Wilful Defaulter Declaration for Violating Natural Justice. Show-cause notice lacking specific grounds renders the decision invalid under RBI Master Circular on Wilful Defaulters.

The petitioners, Nitin Shah, Rahul Shah, and Kunal Shah, who were directors of Nitin Fire Protection Industries Ltd. (the corporate debtor under CIRP)...

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Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

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Bombay High Court Dismisses PIL Challenging Award of Quality Audit Contract Without Tenders. Quality Audit of Roads Held Not Covered Under Section 72 of Mumbai Municipal Corporation Act, 1888, as It Is a Professional Service, Not Execution of Work or Supply of Goods.

The petitioner, Niyaz Ahmed Vanu, filed a Public Interest Litigation challenging the award of a contract by the Municipal Corporation of Greater Mumba...

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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

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Bombay High Court Allows Petition of APMC Chairman Challenging Removal — Show-Cause Notice Under Section 45 of Maharashtra APMC Act Must Specify Charges. Removal Order Quashed for Violation of Natural Justice as Notice Was Vague and No Proper Hearing Was Given.

The petitioner, Sopanrao Onkarrao Sathe, was a member and Chairman of the Agricultural Produce Market Committee, Malkapur. He was served with a show-c...