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High Court of Bombay Restores Injunction Against Invocation of Letter of Credit in Software Purchase Dispute. Fraud and Non-Compliance with Letter of Credit Terms Established as Grounds for Restraining Payment.

The appellant, M/s Plazma Technologies Pvt. Ltd., filed a suit for perpetual injunction against the respondents, including JSM Technologies and others...

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Bombay High Court Allows Petition Challenging Denial of Transit Pass for Two Wheelers Sent Outside Octroi Limits. Octroi Not Leviable on Goods Sold Within Octroi Limits for Immediate Export Under Municipal Corporation Rules.

The petitioner, Patni Automobiles, a dealer of two wheelers manufactured by Bajaj Auto Limited, challenged the communication dated 03.05.2001 by which...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Dismisses Petition Challenging Show Cause Notice for Export of Product Containing Methyl Ethyl Ketone Without NOC. Interpretation of Schedule-B of NDPS (Regulation of Controlled Substances) Order, 2013 Requires Factual Investigation.

The petitioner, Dow Chemical International Pvt. Ltd., filed a writ petition seeking a declaration that it is not required to obtain a No Objection Cer...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...