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High Court of Bombay at Nagpur Dismisses Petitions Challenging Cancellation of Tender by Western Coalfields Limited. Tender cancellation upheld as employer has discretion to cancel tender before issuance of purchase order, and no concluded contract exists.

The judgment concerns two writ petitions filed by successful bidders challenging the cancellation of a global tender issued by Western Coalfields Limi...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...

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Supreme Court Hears Appeal in Gas Supply Contract Dispute Over Redaction of Evidence Affidavits. The Court examines whether oral evidence can be led regarding internal documents already held irrelevant in a suit for specific performance of a gas sale and purchase agreement.

The dispute concerned a commercial suit filed by NTPC Limited against Reliance Industries Limited seeking a declaration that a binding contract existe...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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Bombay High Court Dismisses Appeal in Lease Dispute Over Condition Precedent. Letter of Acceptance with Condition of Government Approval Does Not Form Concluded Contract Under Indian Contract Act.

The case involves an appeal by Mystical Techplast Pvt. Ltd. against the Maharashtra State Road Development Corporation (MSRDC) concerning a lease of t...

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Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract Found. Tender Conditions Required Execution of Formal Agreement, Which Never Occurred.

The appellant, Kalpataru Properties Pvt. Ltd., filed a suit for specific performance against respondent No.1, Majithia Nagar Co-operative Housing Soci...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...