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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Bombay High Court Dismisses Appeal Seeking Permanent Stay of Winding Up of Svadeshi Mills Company Limited. Section 466 of Companies Act, 1956 does not permit stay of winding up after assets have been sold and substantial progress made in liquidation.

The case concerns an appeal against the dismissal of a company application under Section 466 of the Companies Act, 1956, seeking a permanent stay of t...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award in Trust and Coverage Dispute. Majority Award Upheld as Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, The New India Insurance Company Limited, challenged an arbitral award dated 27 July 2009 passed by a three-member Arbitral Tribunal un...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Cheque Dishonour Due to Stop Payment. Accused's Defence of Agreement Breach Fails as Stop Payment Constitutes Dishonour Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision petition filed by the accused, Gabriel Peter D'Souza, challenging his conviction under Section 138 of the Negoti...

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High Court Dismisses Petition Challenging Tender Condition Requiring Experience in DOT/BSNL/MTNL — Condition Held to Be Reasonable and Not Arbitrary. The court upheld the employer's discretion to set specialized experience requirements for earthing work in telecom exchanges.

The petitioner, Marathwada Radio Communication Systems, challenged a tender condition issued by Bharat Sanchar Nigam Limited (BSNL) for earthing work ...