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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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Bombay High Court Allows Petitioner to Retain Allotment Despite Delay in Payment of Lease Premium — Condonation of Delay Granted. Petitioner's failure to pay installments on time due to COVID-19 pandemic condoned, allotment restored on payment of interest and DPC.

The petitioner, Narayani Trexim Pvt. Ltd., participated in a tender floated by CIDCO for lease of a plot in Sector 18, Vashi, Navi Mumbai. It was the ...

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Bombay High Court Quashes Cancellation of Contract and Forfeiture of Earnest Money in Coal Transport Tender Dispute. Violation of Natural Justice and Non-Application of Mind by Western Coalfields Limited Leads to Setting Aside of Order Cancelling Letter of Allotment and Debarment.

The petitioners, including a joint venture firm and its constituents, challenged an order dated 19.2.2014 passed by the respondents, Western Coalfield...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

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High Court of Bombay Hears Section 34 Petition Concerning Forfeiture of Bid Securities in Tender Process. The Petition Questions Whether the Arbitrator Correctly Interpreted Clause 19.6 of the Tender Instructions and the Law on Bank Guarantees.

The dispute arose out of a tender process floated by the Maharashtra State Electricity Distribution Company Limited for supply, construction, and comm...

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Supreme Court Allows Appeal Against Deposit Condition in Anticipatory Bail — Pre-Arrest Bail Cannot Be Used as Recovery Mechanism Under Section 438 CrPC in Cheating Case Under Section 420 IPC.

The Supreme Court addressed a recurring issue where courts, while granting anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Dismisses Petitioners' Challenge to Cancellation of Sand Ghat Leases for Non-Deposit of Balance Amount. Failure to Deposit 75% of Bid Amount Within 30 Days as per Government Resolution dated 12.03.2013 Justifies Cancellation and Re-auction.

The petitioners, seven individuals and firms, participated in an e-auction conducted on 07.12.2013 for the grant of leases of 73 sand ghats in Bhandar...