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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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Supreme Court Dismisses Appeal by State Undertaking in BOT Arbitration Dispute, Upholds Arbitral Award on Termination Payment. Court Reiterates Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Emphasizing Finality of Arbitral Awards.

The Supreme Court dismissed the appeal filed by Madhya Pradesh Road Development Corporation Ltd. (MPRDC) against the judgment of the Madhya Pradesh Hi...

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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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Bombay High Court Dismisses Plaintiff's Copyright Infringement Claim Against Film 'Umeed' — No Substantial Similarity Found. Court holds that ideas and themes are not copyrightable under the Copyright Act, 1957, and that the plaintiff failed to establish access or copying.

The plaintiff, Shivani Tibrewala, a writer/director, filed a suit alleging copyright infringement by the defendants, Rajat Mukherjee and others, in re...

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Bombay High Court Dismisses Petition Challenging Arbitral Award on Service Tax Reimbursement. Contractor not entitled to reimbursement of service tax imposed after bid submission but before contract award where contract provided for reimbursement only if tax was payable on date of bid.

The petitioner, Punj Lloyd Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated ...

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Bombay High Court Quashes Tender Conditions Requiring Work Experience and Solvency Certificate as Arbitrary and Unreasonable. Conditions held contrary to CPWD Works Manual, 2003 and violative of Article 14 of the Constitution.

The petitioner, James Electricals, a sole proprietorship concern of Mr. James Andrade, is a Class I electrical contractor enlisted with the respondent...

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High Court of Bombay at Goa Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court holds that arbitrators are not bound to give reasons for each item of claim and that the award is not liable to be set aside for non-speaking nature under the Arbitration Act, 1940.

The appellant, Board of Trustees of Port of Mormugao, a body corporate under the Major Port Trusts Act, 1963, entered into a contract dated 12/10/1985...