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High Court of Bombay Addresses Challenge to Arbitral Award Granting Damages in Electricity Supply Contract Dispute. Tribunal's Award of Damages for Installed Objects Questioned on Grounds of Fundamental Breach Limited to Uninstalled Units Under Section 34 of Arbitration and Conciliation Act, 1996.

The arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB) and it...

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Bombay High Court Partially Allows Contractor's Appeal in Blast Hole Drilling Dispute, Upholds Rate of Rs.115 per Meter for Work Done Without Formal Contract. Court Holds That Absence of Formal Agreement Does Not Preclude Payment on Quantum Meruit Basis for Work Actually Performed and Accepted.

The case involves two cross-appeals arising from a suit for recovery of Rs.22,76,673/- filed by M/s. Shri Sowmiya Enterprises (plaintiff/contractor) a...

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Bombay High Court Dismisses Challenge to Arbitral Award in Construction Dispute — Upholds Rejection of Price Escalation and Interest Claims. Arbitrator's Interpretation of Contract Clause 70C and Discretion on Quantum Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, a consortium of M/s. Valecha Engineering Limited and M/s. AMA Private Limited, entered into a contract with the respondent, Airports A...

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Bombay High Court Hears Writ Petition Seeking Refund of Customs Duty on Non-Delivered Goods. Importer's Refund Claim Rejected by Customs Authority Due to Inter-Departmental Dispute over Liability, Sections 13, 23, 27A of Customs Act, 1962 Involved.

The petitioner, a company manufacturing PVC/CPVC pipes, imported 100 metric tons of Polyvinyl Chloride Resin SG-5 Erdos. It filed Bill of Entry No. 84...

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Bombay High Court Partially Allows Union of India's Petition Under Section 34 of Arbitration Act, 1996 Against Arbitral Award — Dispute Over Transportation Charges and Detention Claims for Fighter Tanks.

The Union of India filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 4 October 2012....

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Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

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Bombay High Court Allows Appeal Against Injunction on Bank Guarantee Invocation in Contract Dispute. Bank Guarantee is Independent Contract; No Fraud or Irretrievable Injustice Shown.

The appellant, VKE Plumbing Private Limited, was awarded a contract by respondent No.1, Blue Ridge Hotels Private Limited, for plumbing and fire fight...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit — Emphasizes Need for Brevity in Pleadings. The court allowed the defendants to defend the suit on condition of depositing a portion of the claimed amount, while deprecating prolix pleadings.

The applicant, JSW Steel Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against M/s. Paras Das Jain and Sons and two ...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...