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Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

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High Court Dismisses Railway's Challenge to Arbitral Award in Favour of Contractor for Replacement of OHE Structures. Arbitral Tribunal's findings on mutual defaults and rejection of counter claims upheld as not perverse or illegal.

The Petitioner, Chief Electrical Traction Engineer, Western Railways (Union of India), challenged an arbitral award dated 1 March 2011 passed by the A...

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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

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High Court of Karnataka Quashes Service Tax Demand on Payment Aggregator Services for FY 2015-16. Services Provided by FIS Payment Solutions to Acquiring Banks for Settlement of Card Transactions Held Not Taxable as 'Business Auxiliary Service' Under Finance Act, 1994.

The petitioner, FIS Payment Solutions and Services India Private Limited, a company incorporated under the Companies Act, 1956, provides payment aggre...

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Bombay High Court Allows ONGC's Petition Against Industrial Tribunal Award on Pay Fixation for Contract Workers. The Court held that the Tribunal exceeded its jurisdiction by directing ONGC to directly pay wages to contract labour without a finding of employer-employee relationship.

The writ petition was filed by Oil and Natural Gas Corporation Limited (ONGC) challenging an award passed by the Central Government Industrial Tribuna...

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High Court of Bombay at Nagpur Quashes Removal of Bank Officer in Disciplinary Proceeding for Violation of Natural Justice. Non-Supply of Documents and Enquiry Report, and Bias by Enquiry Officer Lead to Setting Aside of Removal Order Under Service Law.

The petitioner, Balaji Digambarrao Kotgire, was appointed as a Clerk-cum-Cashier in the Oriental Bank of Commerce on 7th July 1979. He was later promo...

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Bombay High Court Dismisses Appeal by Union of India Against Arbitral Award in Contract Dispute. Court Upholds Arbitrator's Interpretation of 'Fall Clause' in Repeat Order for Supply of PSC Sleepers Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves an appeal by the Union of India (Central Railway) against an order of a learned Single Judge dismissing its challenge under Section ...

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High Court of Karnataka Quashes Corrigendum Tender Notification in Food Supply Contract Dispute — Clause 4(C) Held Arbitrary and Unreasonable. Writ Petition Allowed as Corrigendum Imposed Unfair Condition Restricting Bidders Without Justification.

The petitioner, Rachappa S. Mannagi, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka ...

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Bombay High Court Dismisses Petition Seeking Input Tax Credit on Breakwater Construction Under CGST Act. Breakwater Held to Be Immovable Property and Not 'Plant or Machinery' Under Section 17(5)(d) of CGST Act, 2017.

The petitioner, Konkan LNG Private Limited, a subsidiary of GAIL (India) Ltd., is engaged in the regassification of LNG at its plant in Dabhol. To ena...

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Bombay High Court Dismisses Petition Challenging Tender Award for Rabies Vaccine Supply — Performance Certificate Not in Prescribed Proforma but Substantially Compliant. Condition Held Directory, Not Mandatory; No Interference in Tender Award Absent Arbitrariness.

The petitioner, Bharat Biotech International Ltd, challenged the grant of a tender for supply of rabies vaccine by the Municipal Corporation of Greate...