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Supreme Court Allows Appeal by Insolvency and Bankruptcy Board of India in Jurisdictional Dispute Over Trial of IBC Offences. Held that Reference to Special Court under Chapter XXVIII of Companies Act, 2013 in Section 236(1) IBC is Legislation by Incorporation, Not Affected by Subsequent Amendment.

The appeal arises from a challenge by the Insolvency and Bankruptcy Board of India (IBBI) against the judgment of the Bombay High Court quashing the o...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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High Court of Karnataka Upholds Validity of RERA Rules Requiring Registration of Ongoing Projects Without Prior Approvals. Rule 18(8) and Rule 31(9) of Karnataka Real Estate (Regulation and Development) Rules 2017 held intra vires the Real Estate (Regulation and Development) Act, 2016.

The case involves three writ appeals filed by real estate developers (M/s. Panchmal Properties, M/s. Sri Nandana Builders, and another) against an ord...

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High Court Dismisses Review Petition with 1495 Days Delay in Arbitration Appointment Case — No Sufficient Cause Shown for Inordinate Delay.

The present review petition was filed by Electronics & Controls Power Systems Private Limited under Order 47 Rule 1 read with Section 114 of the Code ...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transfor...

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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 Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...