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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Karnataka High Court Allows Writ Appeal in Housing Board Allotment Dispute — Cancellation of Site Allotment Set Aside Due to Acceptance of Full Payment. Acceptance of balance consideration after cancellation amounts to waiver of time condition, and Board is estopped from refusing execution of sale deed.

The appellant, Smt. Sharada M., filed a writ petition seeking a direction to the Karnataka Housing Board to execute a sale deed for a site allotted to...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

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Supreme Court Allows Appeal Against Arbitrator Appointment in Tender Dispute Due to Absence of Concluded Contract. No Valid Arbitration Agreement Found as Letter of Intent Was Contingent on Formal Work Order Under Section 7 of Arbitration and Conciliation Act, 1996.

The dispute arose between Maharashtra State Electricity Distribution Company Limited (MSEDCL), a state government electricity distribution utility, an...

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Bombay High Court Dismisses Petition Challenging Tender Rejection in Mid-Day Meal Scheme — No Right to Claim Contract Beyond Tender Conditions. Petitioner failed to comply with mandatory e-tender requirements and could not claim estoppel against government in contractual matters.

The petitioner, Sahyadri Madhyawarti Sahakari Grahak Sangh Maryadit, a cooperative society, filed a writ petition challenging the rejection of its ten...

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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 Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court of Karnataka Quashes Tender Notification in Lalbagh Entry Fee Collection Case — Violation of Transparency and Level Playing Field. Fresh Tender Directed with Revised Conditions to Ensure Fair Competition Under Article 14 of the Constitution.

The petitioner, Karnataka Commercial and Industrial Corporation Pvt. Ltd., a private limited company engaged in manpower services and collection of en...