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Bombay High Court Dismisses Award Debtors' Application to Stay Execution of Consent Interim Award in Arbitration Matter. Challenge to Interim Consent Award After 6 Years Held Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996.

The case involves chamber summonses taken out by the award debtors (Swarup Group of Industries & Anr.) seeking to stay the execution of an interim con...

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Bombay High Court Quashes Cancellation of Appointment in Zilla Parishad Service Dispute — Violation of Natural Justice. Appointment Cancellation Set Aside as Petitioner Was Not Given Opportunity of Hearing Before Cancellation Order.

The petitioner, Sarika Digambar Lokare, was appointed as an Extension Officer (Agriculture) in the Zilla Parishad, Osmanabad on 01/10/2012. She posses...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Dismisses Challenge to Letter of Intent for Cluster Redevelopment Under DCR 33(9) — No Violation of Tenant Rights Found. Petitioner's claim of illegalities in documents and failure to execute permanent alternate accommodation agreements rejected as premature and lacking merit.

The petitioner, Mr Murtuza Shabbir Tinwala, a resident and tenant in the Bhendi Bazaar Area, filed a Writ Petition challenging the Letter of Intent (L...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

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Bombay High Court Dismisses Vodafone's Appeal on CENVAT Credit for Telecom Towers and Shelters. CENVAT Credit on Towers and Prefabricated Buildings Denied as They Are Immovable Property and Not Capital Goods Under CENVAT Credit Rules, 2004.

The Appellant, Vodafone India Ltd., filed appeals under section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994, cha...

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Bombay High Court Allows Arbitration Petitions by Cab Company Against Drivers, Appoints Sole Arbitrator. Arbitration clause in Driver Agreement survives termination under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Meru Cab Company Private Limited, filed four arbitration petitions under Section 11 of the Arbitration and Conciliation Act, 1996, see...

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Bombay High Court Allows Developer's Challenge to RTI Disclosure Order — Building Plans Held Exempt as Personal Information Under Section 8(1)(j) of RTI Act. Third Party Proprietary Plans Not Subject to Disclosure Absent Larger Public Interest.

The petitioner, Ferani Hotels Pvt. Ltd., a company registered under the Indian Companies Act, 1913, challenged an order of the State Information Commi...

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Bombay High Court Dismisses Review Petition in Trust Dispute — No Error Apparent on Record. Direction to Implead Trustee in Appeal Before Charity Commissioner Was Made with Consent and Is Not Contrary to Order XLI Rule 20 CPC.

The review petitioner, Ganesh N. Salunkhe, sought review of an order dated 4 February 2015 passed in Writ Petition No. 174 of 2015. The order directed...

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Bombay High Court Dismisses Review Petition in Trust Dispute — No Error Apparent on Record. Direction to Implead Trustee in Appeal Before Charity Commissioner Upheld as Petitioner Was Already Represented by Trust.

The judgment concerns a review petition filed by Ganesh N. Salunkhe against an order dated 4 February 2015 passed in Writ Petition No. 174 of 2015. Th...