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Supreme Court Partially Allows Appeal in Arbitration Dispute Over Construction of World's Highest Railway Bridge. Division Bench's Interference with Concurrent Findings of Arbitral Tribunal and Single Judge Set Aside for Exceeding Section 37 Scope.

The appeal arises from a dispute between Konkan Railway Corporation Limited (appellant) and Chenab Bridge Project Undertaking (respondent) concerning ...

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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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Supreme Court Allows Appeal Against High Court Order Appointing Substitute Arbitrator in Contract Dispute. Court Holds That High Court Erred in Terminating Mandate of Arbitrator Appointed by Consent and in Deviating from Arbitration Clause Without Justification.

The appellant, Rajasthan Small Industries Corporation Limited, invited tenders for handling and road transportation of ISO containers and cargo. The r...

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High Court of Karnataka Dismisses Revision Petitions Against Rejection of Plaint in Arbitration-Related Suits. Court holds that bar under Section 5 of the Arbitration Act does not apply to suits challenging arbitral awards on grounds of fraud and jurisdictional error.

The case involves two civil revision petitions filed by M/s. Associated Constructions, a partnership firm, against the Executive Engineer of the Karna...

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Enforce Compromise Award Despite Judgment Debtor's SC Status. Executing Court Cannot Go Behind Decree to Question Its Validity Under Karnataka SC/ST (PTCL) Act, 1978.

The petitioner, Shri Rahees Ahmed, was the decree holder in a suit for specific performance of an agreement of sale dated 10.01.2011 in respect of lan...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Wagon Supply Dispute. Court upholds arbitrator's finding that appellant failed to prove force majeure and that respondent was entitled to refund of advance payment with interest.

The appellant, Titagarh Wagons Limited, entered into a purchase order dated 20.02.2006 with the respondent, Chowgule and Company Private Limited, for ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988, with future prospects and multiplier applied correctly.

The case arises from a motor accident claim petition filed by the legal representatives of S.B. Yeshwant, who died in a road accident on 19.08.2018. T...

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High Court Dismisses Municipal Council's Writ Petitions Challenging Industrial Tribunal Awards on Regularization and Reinstatement Due to Gross Delay and Laches. The Court Upholds Award of Reinstatement with Backwages Holding Termination Violated Section 33(2)(b) of the Industrial Disputes Act, 1947.

The High Court of Bombay at Goa disposed of two writ petitions filed by the Mapusa Municipal Council challenging awards of the Industrial Tribunal. Th...

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Bombay High Court Dismisses Writ Petition Against MSME Facilitation Council Award on Maintainability Grounds. Council Has Jurisdiction Over Disputes Arising Before 2006 Act Came Into Effect.

The petitioner, Bajaj Auto Limited, challenged an award of the Micro and Small Enterprises Facilitation Council (respondent no. 4) in a writ petition ...