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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Allows Appeal in Part in Flat Purchase Dispute — Earnest Money Refund with Daily Fine and Compound Interest Upheld but Reduced. Clause 4 of Agreement for Construction and Sale Held to Be a Valid Forfeiture Clause, Not a Penalty, Under Section 74 of the Indian Contract Act, 1872.

The plaintiff, Dr. Jagdish J.N. Counte, entered into a written agreement dated 13.4.96 with the defendant, M/s. Carl Estate Private Limited, for the p...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Bombay High Court Allows Safai Kamacharis' Petition Against Arbitrary Termination by Municipal Corporation. Contractual Termination Set Aside for Violation of Natural Justice and Right to Livelihood Under Article 21.

The petitioners, nineteen individuals, were working as safai kamacharis (sanitation workers) on a contract basis with the Pimpri Chinchwad Municipal C...

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Bombay High Court Allows Petition to Appoint Arbitrator in Commercial Dispute Over Unpaid Invoices Under Section 11(6) of Arbitration and Conciliation Act, 1996. Respondent's Limitation Objection Rejected as Debt Acknowledged Within Limitation Period, Court Appoints Sole Arbitrator.

The petitioner, Oil Field Instrumentation India Pvt Ltd, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking ap...

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Madras High Court Dismisses Writ Appeals Seeking Mandamus Against Regulatory Authorities for Data Breach Complaint — No Statutory Duty Established Under IT Act or Insurance Laws.

The appellant, Himanshu Pathak, proprietor of CyberX9, filed six writ petitions before the Madras High Court seeking a writ of mandamus directing the ...