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Bombay High Court Dismisses MMRDA's Challenge to Arbitral Award in Powai Land Development Dispute. Court upholds arbitrator's interpretation of tripartite agreement regarding lease premium and development charges under the Arbitration and Conciliation Act, 1996.

The case involves an arbitration petition filed by Mumbai Metropolitan Region Development Authority (MMRDA) and the State of Maharashtra under Section...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Third-Party Liability. Insurer Directed to Pay Compensation and Recover from Owner as Driver Lacked Valid Licence Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Karbhari Shinde, sustained serious injuries resulting in amputation of his left leg af...

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Bombay High Court Upholds Cancellation of Agreement of Sale Due to Cheque Dishonour — Defendant Ordered to Vacate Premises on Refund of Advance. Agreement Contained Specific Clause That Dishonour of Cheque Would Result in Cancellation and Vacant Possession.

The case involves a dispute over an agreement of sale for a flat. The plaintiff, Ranjana Rajendra Vadnere, entered into an agreement with the defendan...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

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

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...