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High Court of Judicature at Bombay Delivers Oral Judgment in Section 9 Arbitration Petition Involving Concession Agreement for Restaurant Operation. Dispute Pertains to Interim Measures Sought in Connection with a Seven-Year Concession Agreement for a Restaurant at Juhu Airport.

The High Court of Judicature at Bombay heard an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by M/s. Surv...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Based on Prior Use and Consent Award. The court restrained the defendants from using a deceptively similar trademark, holding that the plaintiffs' registered mark and prior use established a prima facie case.

The plaintiffs, Surat Goods Transport Pvt. Ltd. and others, filed a suit for trademark infringement and passing off against Total Logistics India Pvt....

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High Court of Karnataka Quashes Arbitrator Appointment in ISRO Contract Dispute Due to Lack of Jurisdiction. Appointment by Delhi Arbitration Centre without consent of Union of India held invalid under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioner, Union of India represented by the Ministry of Space (ISRO), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Partially Allows Challenges to Arbitral Award in Development Agreement Dispute. Court upholds award on termination and damages but modifies interest rate and clarifies that the builder is entitled to retain constructed area as per agreement.

The case involves two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award ...

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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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Bombay High Court Allows Appeal in Arbitration Delay Case — Section 14 of Limitation Act Applicable to Section 34 Applications. Supreme Court Precedent in Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department Held Binding, District Judge's Order Condoning Delay Restored.

The case involves a Letters Patent Appeal filed by the Defence Estate Officer against the judgment of a learned Single Judge of the Bombay High Court....

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Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...