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Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appoin...

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Bombay High Court Dismisses Contract Workmen's Wage Parity Claim Against Principal Employer. Existence of Agreement with Representative Union Precludes Non-Members from Claiming Higher Wages Under Contract Labour Act.

The petition was filed by Mumbai Electric Employees Union, a non-representative union of contract workmen, challenging the order of the Additional Lab...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. 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 Appeal Against Foreign Award — Part I of Arbitration Act Inapplicable. Section 34 petition under Arbitration & Conciliation Act, 1996 held not maintainable for foreign award with seat in London.

The appeal arose from an order of a learned single Judge of the Bombay High Court dismissing the appellant's arbitration petition under section 34 of ...