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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...

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Bombay High Court Quashes Conviction in Cheque Bounce Case Due to Delayed Notice Beyond 30 Days Under Section 138 NI Act. Notice Posted on 31st Day from Bank Intimation Fails to Meet Mandatory Requirement of 'Giving Notice' Within 30 Days.

The case involves a criminal revision application filed by the accused, Shivnath Suryoba Gaonkar, challenging his conviction under Section 138 of the ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute for Lack of Merit. Section 34 of Arbitration and Conciliation Act, 1996 challenge fails as no patent illegality or perversity found in award rejecting damages for breach of contract.

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 25th March 2021 pas...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Compromise Cheque Dishonour Constitutes Separate Offence. Settlement of earlier cheques does not discharge liability under a fresh cheque issued as part of the compromise.

The appellant, Prabhakar Gaidhane, filed a criminal appeal against the acquittal of the respondent, Nivruti Kamdi, by the Judicial Magistrate, First C...

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Bombay High Court Disposes of Four Petitions Under Section 9 of Arbitration Act by Common Order. Interim Measures Sought by Financing Company Against Borrower and Guarantor for Default in Loan Repayments Secured by Hypothecated Equipment.

L&T Finance Limited, a company registered under the Companies Act, 1956, filed four petitions under Section 9 of the Arbitration and Conciliation Act,...

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Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...

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Supreme Court Allows IRCTC's Appeals in Catering Contract Dispute, Restricts Interference Under Sections 34 and 37 of Arbitration Act. Court holds that High Court erred in re-appreciating evidence and substituting its own view over arbitrator's findings on tariff revision.

The Supreme Court allowed the appeals filed by Indian Railways Catering and Tourism Corporation Ltd. (IRCTC) and other parties, setting aside the Delh...