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Bombay High Court Dismisses Review Petition by State of Maharashtra Against Consent Order in Writ Petition — Concession by Government Advocate Binding on State. The court held that the State cannot resile from a concession made by its advocate, as it would be an abuse of process.

The judgment pertains to a Review Petition filed by the State of Maharashtra seeking review of an order dated 13/12/2019, which disposed of Writ Petit...

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Bombay High Court Quashes Blacklisting Notice Against Contractor for Non-Payment of Dues — Violation of Natural Justice. Failure to Provide Show Cause Notice and Hearing Before Blacklisting Renders Administrative Action Illegal Under Article 14 of Constitution.

The petitioner, M/s. Bhagwati Construction, a proprietorship firm, challenged a notice dated 02.11.2021 issued by the Executive Engineer, Bhokar Divis...

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Supreme Court Upholds Arbitral Award in Contract Dispute Over 'Change in Law' Clause — High Court Exceeded Jurisdiction Under Section 37 of Arbitration Act. Interpretation of contractual clause by Arbitral Tribunal was plausible and not perverse, hence not liable to be set aside under Section 34.

The Supreme Court allowed the appeal filed by South East Asia Marine Engineering and Constructions Ltd. (SEAMEC Ltd.) against the judgment of the Gauh...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Disqualification in Public Works Contract. Non-compliance with mandatory tender conditions and lack of arbitrariness in respondent's qualification upheld.

The petitioner, M/s Siddhivinayak Construction Company, challenged its disqualification from a composite tender issued by the State of Maharashtra for...

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Bombay High Court Dismisses Appeal in Arbitration Matter — Service Tax Reimbursement Denied for Non-Submission of Cenvatable Documents. Contractual Condition Requiring Submission of Cenvatable Documents for Service Tax Reimbursement Upheld as Valid and Enforceable.

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, which...

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Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

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Supreme Court Upholds Surety's Discharge Under Section 141 of Indian Contract Act When Creditor Parts with Security. Surety Discharged as State Lost Security by Allowing Removal of Forest Produce Without Full Payment, Extinguishing Subrogation Rights.

The dispute arose from a forest contract auction conducted by the Divisional Forest Officer, Hoshangabad Division, for the sale of felled trees. One J...