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Supreme Court Allows Appeal in Arbitration Case by Restoring Arbitral Award. High Court's Setting Aside of Award Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Found Erroneous as It Exceeded Scope of Judicial Review.

The Supreme Court of India heard a civil appeal arising from a dispute between PSA Sical Terminals Pvt. Ltd., the appellant, and The Board of Trustees...

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High Court of Karnataka Dismisses Commercial Appeal in Arbitration Dispute — Upholds Arbitral Award Rejecting Claim for 2% Contract Value Without Work Execution. Claim for facilitation fee under MOU fails as appellant did not perform any work for the contract awarded to the joint venture.

The appellant, M/s. Pratibha Industries Limited, filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015, read with Section ...

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Bombay High Court Considers Whether Minutes of Meeting Converted Force Majeure Clause into Assured Return Mechanism, Interpreting Clauses 3.4.19 and 3.7.2 of Construction Agreement. Appeal Challenges Arbitral Interpretation That State Must Compensate for Any Toll Collection Drop Exceeding 20%.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arose from a dispute concerning a build-operate-transfer (BOT) contract for ...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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COMMERCIAL ARBITRATION PETITION(L) NO. 6451 OF 2020

The High Court of Judicature at Bombay, Commercial Division, pronounced judgment on 16 March 2022 in a petition filed under Section 34 of the Arbitrat...