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Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

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Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. 

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial...

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High Court of Karnataka Upholds Labour Court's Award of Reinstatement with Back Wages in Service Termination Dispute. Stigmatic Termination Without Domestic Inquiry Violates Principles of Natural Justice and Section 11-A of Industrial Disputes Act, 1947.

The case involves two writ appeals arising from an order of a learned Single Judge in W.P. No. 75525/2013. The appellant in W.A. No. 100019/2020 is th...

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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Bombay High Court Upholds Termination of Temporary Employee for Fraudulent Appointment. Appointment obtained by suppressing material facts and producing forged documents is void ab initio, and the employee is not entitled to reinstatement or back wages.

The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was file...

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Bombay High Court Dismisses Challenge to Arbitral Award in Construction Dispute — Upholds Rejection of Price Escalation and Interest Claims. Arbitrator's Interpretation of Contract Clause 70C and Discretion on Quantum Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, a consortium of M/s. Valecha Engineering Limited and M/s. AMA Private Limited, entered into a contract with the respondent, Airports A...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...