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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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Bombay High Court Allows Certified Copies Under RTI Act Despite Civil Manual Lacuna — Petitioner Entitled to Copies of Court Correspondence. Right to Information Act, 2005 overrides procedural manual; litigant cannot take court records out for photocopying.

The petitioner, Bheemacharya Balacharya Varakhedakar, filed a writ petition challenging three orders passed by the trial court at Pandharpur. The firs...

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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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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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Supreme Court Allows Appeals Against Appointment of Arbitrator in WAPCOS Ltd. v. Salma Dam Joint Venture. The court held that the arbitration agreement was novated by a subsequent amendment and that the petitioner lacked authority to invoke arbitration after revocation of power of attorney.

The Supreme Court of India heard appeals against the Delhi High Court's order appointing a sole arbitrator under Section 11(6) of the Arbitration and ...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...