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Supreme Court Allows Appeal in Tender Dispute Over EMD Mode — Fixed Deposit Held Valid for Out-of-State Bidder. Tender Condition Requiring Demand Draft for Out-of-State Bidders Interpreted as Directory, Not Mandatory, Based on Consistent State Practice.

The appellant, RR Constructions and Infrastructure India Pvt. Ltd., an out-of-State bidder, was disqualified by the High Court for submitting a Fixed ...

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...

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Bombay High Court Hears Challenge to Tender Condition Preferring State-Registered Tank Trucks in LPG Transportation Contracts. Transporters Challenged Preference Given to State-Registered Tank Trucks as Arbitrary and Violative of Section 46 of Motor Vehicles Act, 1988.

The petitioners, transporters from Gujarat, challenged a condition in the e-tender floated by Indian Oil Corporation Limited for Bulk LPG transportati...

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Bombay High Court Decides Arbitration Petition Challenging Award in Advertising Rights Tender Dispute. Court Examines Arbitral Award Under Section 34 of the Arbitration and Conciliation Act, 1996.

The arbitration petition arose from a tender floated by Brihanmumbai Electric Supply and Transport Undertaking (BEST) on 9 November 2018 for allotment...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...