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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Supreme Court Allows Cost Escalation by Development Authority in Consumer Dispute — Clause 7 of Allotment Letter Permitted Price Revision. The Court held that the allotment was not a fixed price contract and the authority acted fairly by granting interest on deposits.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 8 November 2017, which had directed the Visakhap...

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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

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Bombay High Court Partially Allows MTNL's Challenge to Arbitral Award in False Ceiling Contract Dispute. Court Upholds Award on Certain Claims but Sets Aside Award on Claim for Price Escalation Due to Lack of Evidence and Contrary to Contract Terms.

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an arbitral award dated 29 March 2011 under Section 34 of the Arbitration and Concil...

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High Court of Bombay Dismisses Union of India's Challenge to Arbitral Award in Naval Dockyard Contract Dispute. Court upholds arbitrator's findings on extra work and escalation claims as plausible and not perverse under Section 34 of Arbitration and Conciliation Act, 1996.

The Petitioner, Union of India, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The dispute arose from a ...

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Supreme Court Dismisses Appeal of Distribution Licensee Against Tariff Revision for Change in Law Under Electricity Act, 2003. Non-Allocation of Coal Linkage Despite Government Assurance Constitutes Change in Law Entitling Generating Company to Compensatory Tariff.

The case involves a dispute between Jaipur Vidyut Vitran Nigam Limited (JVVNL), an electricity distribution licensee in Rajasthan, and Adani Power Raj...