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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract.

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondent...

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Bombay High Court Allows Writ Petition Against Withholding of Payment Due to Complaints by Ex-Employee. Unilateral Withholding of Payment Without Contractual Authority or Opportunity of Hearing Violates Article 14 and 19(1)(g) of Constitution.

The petitioner, Mahimtura Consultants Pvt. Ltd., a company engaged in consultancy engineering and project management, was awarded a contract by the Pi...

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High Court of Karnataka Allows Appointment of Arbitrator in Construction Dispute — Arbitration Clause Survives Despite Completion of Work. Clause 21 of Agreement dated 05/09/1988 constitutes valid arbitration agreement under Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioners, Srinivasa Construction (a registered partnership firm) and its partners, filed a petition under Section 11(5) and (6) of the Arbitrat...

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Bombay High Court Issues Directions in Suo Motu PIL on Building Collapse in Nagpur. Court emphasizes strict compliance with Development Control Rules and accountability of planning authorities.

The Bombay High Court, Nagpur Bench, took suo motu cognizance of a news item published in 'The Hitwada' dated 19.12.2006 regarding the collapse of a n...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Bombay High Court Dismisses PIL Challenging Coastal Regulation Zone Notification for Versova Mangroves — No Violation of CRZ Norms Found. Court held that the impugned notification dated 18.01.2019 was issued after due consideration of all relevant factors and did not violate the CRZ Notification, 2011.

The present Public Interest Litigation was filed by 14 petitioners, including residents of Versova, Mumbai, and the Jai Bharat Cooperative Housing Soc...