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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Workman in Continuous Service Dispute. Payment of Gratuity Act, 1972 — Employer failed to prove break in service despite alleged termination during 1982 strike; workman deemed in continuous service for 30 years.

The Petitioner, M/s. Phoenix Mills Limited, challenged the Judgment and Order dated 23rd March 2004 passed by the Controlling Authority under the Paym...

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Bombay High Court Allows Appeal in Property Dispute Case — Court Receiver Appointed to Protect Suit Premises Pending Trial. Dispute Involves Alleged Illegal Dispossession of Widow and Minor Son from Residential Flat and Office Premises by In-Laws.

The appeal arises from a suit filed by Khushnuma Ibrahim Khan and her minor son Raghib Ibrahim Khan (appellants) against Asadullah Khan and others (re...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Public Purpose — Compensation Award Not Challenged on Merits. Petitioners' Challenge to Acquisition Under Land Acquisition Act, 1894 Fails as They Did Not Seek Reference for Higher Compensation and Acquiesced to Proceedings.

The petitioners, legal heirs of the original owner Anwar Hajee Alimohammed Hajee Cassum Agboatwala and other co-owners, filed a writ petition under Ar...

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High Court of Bombay Allows Official Liquidator to Keep Provision for EPF Claims in Winding Up of Navinon Limited. Court Directs Refund of Excess Payment to EPF Office Kandivali.

This judgment arises from Official Liquidator's Report No.517 of 2015 in Company Petition No.1176 of 2001, concerning M/s.Navinon Limited (In Liquidat...

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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Discharges Contempt Notice Against Rajeev Dixit in Official Liquidator Lock Breaking Case. Breaking open lock and seal of Official Liquidator does not constitute contempt under Contempt of Courts Act, 1971 as no specific court order prohibited such act.

The present show cause notice was issued against Rajeev M Dixit for breaking open the lock and seal of the Official Liquidator which was placed on the...

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Bombay High Court Dismisses Appeal by YES Bank in Shareholder Dispute Over Board Control and Share Transfer. Court upholds interim order restraining transfer of shares and appointment of directors pending final disposal of suit.

The present appeal arises from an interim order passed by a learned Single Judge of the Bombay High Court in a suit filed by the respondents (original...