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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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High Court of Bombay Sets Aside Arbitral Award for Perversity and Lack of Counterclaim in Contract Dispute. Arbitrator Cannot Award Money in Favour of Non-Appearing Party Without Counterclaim Under Section 34 of Arbitration and Conciliation Act, 1996.

The Union of India filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed by a sole arb...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Detention Charges Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Contractual terms and bill of lading conditions upheld; waiver claim rejected for lack of evidence.

The petitioners, Starlite Lighting Ltd., entered into a contract to purchase machines from Philip Lighting B.V., Netherlands, which were shipped in 13...

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Bombay High Court Upholds Remand to Appellate Court in Rent Control Eviction Case — Right of Appeal Not Violated. Partial Eviction Requirement Under Section 16(2) of Maharashtra Rent Control Act, 1999 Must Be Considered by Appellate Court.

The appellant, Ramesh Danchand Waswani, a tenant of premises owned by respondent Yusufbhai Mukhtar Amir Varawalla, faced eviction proceedings under th...

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Bombay High Court Dismisses Petitions Challenging Arbitral Award in Charter Party Dispute — Award Upheld as Not Contrary to Public Policy. Court Refuses to Interfere with Arbitrator's Findings on Demurrage and Hire Charges Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...